t.- 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


INSTRUCrOR 


IN 


DALLAS  mA^ 


Practical  Court  Reporting 


H.  W.  THORNE, 

(Member  of  the  Fulton  County  (N.Y.)  Bar,  and  Official 
Court  Stenographer). 


CIN'CINNATI: 
TIIR   PlIOXOGRAPIirC    INSTITUTE  CO. 


Entered,  according  to  Act  of  Congress,  in  the  year  1892,  by 

H.  W.  THORNE, 
In  the  Office  of  the  Librarian  of  Congress,  at  vVashington. 


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"If  there's  a  hole  in  a  your  coats, 
'^ I  rede  ye  tent  it; 
"A  chieVs  amang ye  taking  notes, 
•'And,  faith,  he'll prent  2V."—  BuRNS. 


"A  little  nonsense,  now  and  then, 

"Is  relished  by  the  wisest  w^«."—  ANONYMOUS. 


M 


PREFACE. 


The  following  pages  are  the  offspring  of  a  desire 
to  instruct  the  would-be  court  reporter  in  the  appli- 
cation of  stenography  to  the  recording  of  judicial 
proceedings,  and  to  assist  him  to  surmount  the  many 
obstacles  which  beset  his  path  ;  to  place  before  the 
^  trial  lawyer  the  difficult  nature  of  the  labors  of  the 
*^  court  stenographer,  and  to  paint  for  the  law  student 
•55  a  true  picture  of  the  life  of  the  court-room  :  to  the 
S|  end,  that  the  mere  stenographer  may,  if  he  choose, 
"^  become  a  competent  court  reporter;  that  the  trial 
lawyer  may  discover  how  to  obtain  the  best  work 
P  from  the  latter,  and  that  the  law  student  may  learn 
»  the  various  steps  in  the  trial  of  cases  as  they  are,  in 
^    fact,  taken. 

The  book  is  intended,  primarily,  for  the  stenogra- 
pher ;  incidentally,  for  trial  lawyers  and  law  students. 
y  My  object  has  been  to  present  to  the  stenographer 
^  every  important  phase  of  court  reporting,  to  show 
and  explain  the  methods  generally  used  in  doing  it, 
and  to  describe  the  nature  and  meaning  of  the  vari- 
ous features  of  a  trial. 

I  have  not  assumed  to  instruct  respecting  subjects 
of  which  1  do  not  have  personal  knowledge.    On  the 

449555 


e 


6  Preface. 

contrary,  I  have  confined  myself    to  matters  which 
have  come  within  the  range  of  my  experience. 

In  the  treatment  of  the  subject-matter,  lucidity 
and  terseness  have  been  made  paramount  to  mere 
hterary  excellence. 

H.  W.  THORNE. 

Johnstown,  N.  Y.,  February,  1892. 


CONTENTS. 


CHAPTER  I.  •■AGE. 

Introductory. - . .  •      9 

CHAPTER  H. 
Qualifications  of  court  stenographer iS 

CHAPTER  HI. 

A    DAY    IN   COURT 29 

CHAPTER  IV. 
A  DAY  IN  COURT  (continued) 38 

CHAPTER  V. 
A  DAY  IN  COURT  (continued) 56 

CHAPTER  VI. 
A  DAY  IN  COURT  (concluded) 96 

CHAPTER  VII. 
A   MIXTURE 133 

CHAPTER  VIII. 
Reading  and  transcribing  notes 149 

CHAPTER  IX 
Stenographer  LAW 178 

CHAPTER  X. 
Words,  definitions  and  forms 206 


Practical  Court  Reporting. 


CHAPTER  I. 

I  N  T  R  O  D  U  C  T  CJ  R  ^' . 

The  use  of  stenography,  as  applied  to  the  record- 
ing of  proceedings  of  judicial  tribunals,  is,  without 
exception,  the  most  difficult  and  exacting  of  the 
multifarious  adaptations  of  the  art  to  the  practical 
affairs  of  life.  There  are  judges  and  lawyers  who 
deprecate  its  use  for  this  purpose.  These  belong  to  a 
class  of  old  practitioners  who,  having  become  wedded 
to  the  slow  and  tedious  process  of  longhand  report- 
ing, look  with  jealousy  upon  any  innovation  in 
methods  of  technical  practice.  The  court  reporter 
soon  learns  that  the  members  of  the  legal  profession 
are  an  extremely  conservative  body  of  persons,  slow 
to  adopt  new  forms  or  change  established  procedure. 

It  is,  however,  a  fact,  that,  since  the  adoption  of 
stenography,  the  volume  of  testimony  taken  upon 
judicial  investigations  has  materially  increased,  and, 
instead  of  trials  being  shortened,  the  time  occupied 
has  been  extended.  While  this  may  be,  and  in  the 
opinion  of  the  author  is,  the  indirect  result  of  the  in- 
troduction of  the  stenographer  into  our  courts,  and 


lo  Practical  Court  Reporthig. 

by  some  is  cited  with  some  show  of  reason,  that  the 
old  method  of  reporting   should  be  restored,  yet  it 
may  be  said  upon  the  other  side  of  the   question,  in 
the   language    of  the  forum,    that    cases   are  tried 
"closer"  than  heretofore,  and  that  the  lawyer  upon 
the  cross-examination  of  a  witness  has  a  wider  lati- 
tude and  better  opportunity  to  get  out  the  truth,  and 
hence  justice  will  oftener  be  meted  out  under  the  pre- 
vailing system  of  reporting  than  by  the  former. 

One  of  the  bug-bears  of  the  legal  profession  has 
been  practically  swept  out  of  existence  by  the  tran- 
script of  the  stenographic  reporter.  Before  his  ad- 
vent, the  report  of  the  charge  of  the  court  to  the  jury 
rested  in  the  rough  memoranda  of  the  court,  and  in  the 
sparse  notes  kept  by  counsel.  Just  what  was  said  to 
the  jury  was  a  matter  of  conjecture.  On  appeal  it  was 
impossible  to  know  what  language  the  court  used  in 
charging  the  jury.  The  charge  of  the  court  to  the  jury, 
the  requests  of  the  respective  counsel  to  charge  the 
jury  and  the  exceptions  taken  by  the  counsel  to  the 
charge  are  the  most  important  and  critical  parts  of  a 
lawsuit.  Probably  more  cases  taken  upon  appeal  to 
appellate  tribunals  are  reversed  because  of  errors  in 
charging  or  refusals  to  charge  the  jury  than  for  any 
other  reason.  But,  in  order  that  the  party,  who 
complains  of  such  errors,  shall  have  redress  on  ap- 
peal, he  should  have  taken  "  exception  "  to  the  charge 
as  made,  or  to  the  refusal  of  the  court  to  charge  as 
requested.  And,  furthermore,  the  printed  case  on 
appeal  must  show  that  such  exception  was  taken. 
But  what  this  "case"  should  contain,  the  presiding 
judge  was  sole  arbiter.     It  rested  absolutely  within 


Introductory.  1 1 

his  discretion  to  "  allow  "  or  "  disallow  "  any  propo- 
sition made  by  counsel  when  the  case  was  "settled," 
as  it  is  technically  called.  It  is  not  infrequent  to 
hear  lawyers  heap  maledictions  upon  the  memory  of 
some  departed  jurist,  who,  for  personal,  political,  or 
other  reasons,  refused  to  allow  an  exception  to  be 
printed  in  the  case,  which,  if  printed  and  brought  to 
the  attention  of  the  appellate  court,  might  have 
brought  about  a  reversal  of  the  judgment.  Rut  this 
evil  is  now  practically  a  thing  of  the  past.  The 
transcript  of  a  competent  stenographer  is  now  relied 
upon  for  a  correct  statement  of  what  occurred,  and 
such  confidence  is  reposed  in  it  by  the  bench  and 
bar,  that  in  the  case  of  Nelson  against  N.  Y.  C.  & 
H.  R.  R.  R.  (i  Law  Bulletin,  page  15,)  decided  in 
1878,  it  was  held  that,  where  in  the  settlement  of  a 
case  there  is  a  dispute  as  to  words,  the  stenographer's 
minutes  must  control. 

Courts,  for  the  conven-ience  of  this  work,  may  be 
classified  into  courts  of  record,  and  those  not  of 
record.  In  general,  it  may  be  said  that  courts  not 
of  record  comprise  justice's  courts  and  police  courts. 
The  former,  except  where  limited  by  statute,  have 
civil  and  criminal  jurisdiction,  while  the  latter  are 
limited  to  criminal  jurisdiction.  Except  in  the  large 
cities,  these  courts  in  the  State  of  New  York,  are  not 
provided  with  stenographers.  All  other  courts  (ref- 
erence not  being  had  to  ecclesiastical  and  military 
tribunals)  are  courts  of  record,  and  provision  is  made 
for  the  appointment  of  official  stenographers. 

The  average  court  reporter  will,  in  the  course  of 
a  dozen  years'  experience,  be  called  upon,  undoubt- 


12  Practical  Court  Reporting. 

edly,  to  exercise  his  skill  in  ail  these  courts,  and  the 
subject-matter  of  the  inquiries  that  he  will  be  called 
upon  to  chronicle,  will  be  almost  as  diversified  as  the 
leaves  upon  the  trees ;  and  yet,  as  respects  mere 
matters  of  form  in  his  work,  but  slight  deviation  will 
be  necessary. 

Inasmuch  as  the  Code  of  Civil  Procedure  of  the 
State  of  New  York  has  been  practically  adopted  by 
almost  all  of  what  are  known  as  the  "  Code  "  States, 
which  Code  provides  among  other  matters,  for  the 
organization  of  the  courts  of  record  of  that  State,  de- 
fines their  powers  and  jurisdiction,  and  prescribes 
rules  of  practice  to  be  observed  in  respect  to  the  trial 
and  final  determination  of  causes  tried  in  those 
courts,  the  author  believes  it  to  be  advisable  to  pre- 
sent to  the  reader  in  this  chapter,  in  a  concise  form, 
some  features  of  the  judicial  system  of  the  Empire 
State,  which  are  of  special  interest  and  value  to  the 
court  reporter.  What  follows  relates  entirely  to 
courts  of  record. 

THE   SUPREME  COURT. 

Territorial  jurisdiction  of  the  Supreme  Court  is  co- 
extensive with  the  boundaries  of  the  State.  It  has 
civil  and  criminal  jurisdiction,  that  branch  of  the 
court  exercising  civil  jurisdiction  being  known  as  the 
special  term  and  circuit,  and  the  other  branch  being 
the  oyer  and  terminer,  exercising  criminal  jurisdic- 
tion. It  is  divided  into  special  and  circuit  terms, 
and  the  General  Term.  The  State  is  divided  into 
judicial  districts  of  which  there  are  eight ;  and  in  each 
of  the  counties  of  these   districts,  special  and  circuit 


•  Introductory.  1 3 

terms  of  this  court  arc  licld  iit  such  times  as  the  jus- 
tices of  the  court  appoint.  Special  and  circuit  terms, 
and  the  oyer  and  terminer,  for  tlie  trial  of  issues  of 
fact  and  of  law,  are  held  at  the  county  seat  of  the 
county,  presided  over  by  a  justice  of  the  court,  at 
which  panels  of  grand  and  petit  jurors  are  in  attend- 
ance There  is  no  difference  in  the  constitution  of 
the  oyer  and  terminer  and  the  circuit.  A  few  years 
ago  the  law  provided  for  the  election  of  lay  justices 
of  session,  who  sat  in  the  oyer  and  terminer  with 
the  presiding  judge  of  the  court,  and  who  were  pre- 
sumed to  assist  him  in  the  decision  of  questions  that 
came  before  the  court.  But,  while  this  presumption 
was  indulged  in,  as  a  matter  of  fact,  they  simply  ac- 
quiesced in  whatever  decision  the  presiding  judge  . 
announced.  Because  of  this,  the  appellation  of 
"  block  justices  "  was  given  to  them.  It  is  said,  how- 
ever, that  a  presiding  judge  was  once  overcome  with 
astonishment  by  the  unprecedented  audacity  of  his 
usually  silent  colleagues  on  the  bench  in  overruling 
his  decision. 

At  a  stated  time,  usually  fourteen  days,  preceding 
the  day  appointed  for  the  holding  of  a  circuit  term, 
attorneys  who  have  causes  which  they  desire  to  have 
tried  at  that  term,  are  required  to  file  with  the  clerk 
of  the  court,  a  "  note  of  issue."  This  paper  contains 
the  title  of  the  court  and  the  county  in  which  the 
cause  is  pending,  the  title  of  the  cause,  names  of  the 
plaintiff  and  defendant,  the  date  of  "issue,"  that  is, 
the  date  upon  which  the  "answer"  or  "reply"  was 
served  ;  the  "  issue  "  whether  one  of  "  fact,  triable  by 
jury,"  or  whether  "  of  law ;  "    the  names  of  the  re- 


14  Practical  Court  Reporting.  • 

spective  counsel  for  the  plaintiff  and  defendant,  with 
a  direction  appended  to  the  clerk  of  the  court,  that 
the  cause  be  placed  upon  the  calendar  for  trial  at  the 
ensuing  term.  The  clerk  then  makes  up  from  these 
notes  of  issue  a  calendar,  placing  thereon  the  causes, 
numbered  consecutively,  in  the  order  of  the  date  of  the 
issue.  In  some  counties,  the  rule  has  obtained  of  classi- 
fying the  causes  with  reference  to  "jury"  or  "  equity" 
cases.  The  latter  being  triable  before  the  court, 
without  a  jury,  and  usually  tried  after  the  jury  cases. 

The  calendar  contains  besides  the  matters  above 
specified,  the  names  of  the  members  of  the  court 
holding  the  term,  the  ofificers  of  the  court  (that  of 
the  stenographer,  in  conformity  to  the  custom  of 
treating  him  as  a  nonenity,  being  omitted)  and  the 
names  of  the  grand  and  petit  jurors.  The  calendar 
will  usually  furnish  the  reporter  the  necessary  data 
to  make  the  preliminary  entries  in  his  notes  respect- 
ing the  case.  It  frequently  occurs  that  "  counsel," 
whose  name  does  not  appear  upon  the  calendar,  or 
in  the  papers  in  the  cause,  assists  in  the  trial.  This, 
if  unknown,  can  be  easily  obtained  and  entered  in 
the  appropriate  place  in  the  notes.  Except  in  coun- 
ties where  a  great  many  criminal  cases  arc  tried,  no 
printed  calendar  of  such  cases  is  prepared. 

Special  Terms  are  held  usually  by  each  of  the  jus- 
tices within  the  judicial  district  at  their  offices,  or  at 
what  is  technically  known  as  "  chambers."  A  stenog- 
rapher's presence  is  seldom  required  at  these  terms, 
as  the  business  transacted  consists  principally  of  the 
argument  of  motions,  motions  without  argument, 
"  settlement  "    of  cases  and   bills  of  exceptions   in 


IntroJuctorx.  1$ 

causes  on  appeal.  Sometimes,  however,  cases  are 
tried  at  special  term  before  the  justice  without  a  jury, 
and  such  a  term  may  last  for  weeks. 

The  General  Term  of  the  Supreme  Court  is  the 
branch  of  that  court  having  appellate  jurisdiction. 
It  is  divided  into  "judicial  departments,"  of  which 
there  are  five  in  the  State.  To  this  court  appeals  are 
taken  from  the  circuit  and  special  terms,  and  from 
county  courts  (of  which  we  shall  have  occasion  to 
speak  later  on).  The  proceedings  in  this  court  con- 
sist principally  of  arguments  of  questions  of  law,  and 
here  it  is  that  litigants,  who  believe  that  errors  have 
been  committed  in  the  trial  or  disposition  of  cases  in 
the  lower  courts,  seek  to  have  them  cured.  The 
stenographer  is  not  used  in  this  court  except  upon 
special  occasions,  when  counsel  desire  to  have  their 
oral  arguments  preserved,  either  for  their  own  use  or 
entertainment,  or  because  they  conceive  that  Posterity 
may  be  slighted  if  not  provided  with  them.  Most 
of  the  justices  of  this  court,  however,  employ  a  sten- 
ographer to  whom  "  opinions,"  in  cases  decided  by 
them,  are  dictated. 

From  this  court  an  appeal,  in  certain  specified 
cases,  may  be  taken  to  the  Court  of  Appeals,  the 
court  of  last  resort  in  the  State.  Here,  as  in  the 
General  Term,  the  employment  of  the  stenographer 
is  limited  to  the  occasional  reporting  of  arguments 
and  to  the  dictation  of  opinions  by  the  judges  of  this 
court. 

REFERENCES. 

In  certain  cases,  among  which  is  that  of  an  action, 
the  trial  of  which  will  involve  the  examination  of  a 


1 6  Practical  Court  Reporting. 

long  account,  the  court  may  upon  its  own  motion, 
without  the  consent  of  either  party,  make  an  order 
that  the  issues  therein  shall  be  heard  and  determined 
by  one  or  more  referees,  usually  one  being  appointed, 
who  is  an  attorney  at  law.  Such  an  order  may  be 
made  by  any  court  of  record.  The  stenographer 
finds  frequent  employment  in  reporting  trials  of  cases 
before  referees.  The  order  of  appointment  having 
been  made,  the  referee  appoints  a  time  and  place  of 
hearing,  and  the  party  desiring  to  have  the  reference 
proceed,  or,  as  it  is  technically  called,  "  working  the 
reference,"  serves  the  opposite  party  with  a  notice  of 
such  appointment,  and  with  a  notice  of  trial.  Upon 
the  day  thus  appointed,  and  at  the  place  specified 
in  the  notice,  the  referee  and  the  attorneys  meet, 
and  the  "hearing"  proceeds  in  the  same  man- 
ner as  at  circuit,  except  that  no  jury  is  present, 
and  that  the  trial  progresses  more  deliberately, 
sometimes  being  adjourned  from  time  to  time,  and 
extending  over  a  period  of  several  years.  Among 
the  first  reference  cases  reported  by  the  author  was 
that  of  a  trial,  begun  years  before  his  connection 
with  it.  The  hair  of  the  referee  had  grown  silvery  ; 
two  of  the  attorneys,  who  at  the  commencement  of 
the  case  appeared  upon  opposite  sides,  had  become^ 
partners,  and  when  the  case  was  continued,  still  re- 
mained hostile  to  each  other.  Testimony  was  taken 
from  time  to  time,  and  then  finally  a  long  adjourn- 
ment of  half  a  dozen  years  ensued.  Again  the  hos- 
tile litigants  faced  each  other  over  the  counsel  table, 
and  concluded  the  case,  with  the  result  that  the 
plaintiff  won  the  suit,  added  a  few  hundred   dollars 


Introdiictorx.  ■  17 

to  the  amount  of  the  recovery,  and  with  it,  paid  his 
attorneys,  and  the  referee's  fees  and  expenses;  beat 
the  stenographer,  (who  had  been  unwise  enough  to 
dehver  transcript,  and  thus  released  his  lien  upon  it) 
out  of  his  fees,  and  wound  up  the  litigation  of  twenty 
years  in  a  manner,  that  to  the  stenographer,  seemed 
fitting  and  appropriate  —  by  dying  of  delirium 
tremens. 


CHAPTER   II. 

QUALIFICATIONS  OF  THE   STENOGRAPHER, 

In  most  States,  provision  is  made  by  law  for  the 
appointment  of  stenographers  in  certain  courts.  The 
statute  usually  defines  the  qualifications  of  the  ap- 
pointee and  prescribes  his  powers  and  duties.  One 
of  its  requirements  is,  that  the  stenographer  shall, 
before  entering  upon  the  discharge  of  the  duties  of 
his  office,  take  the  constitutional  oath  of  office,  and 
file  the  same  in  a  specified  office,  generally  in  the 
county  clerk's  office.  The  statute  relating  to  this 
subject  invariably  provides  that  the  stenographer 
shall  be  "  skilled  in  the  stenographic  art."  That  por- 
tion of  the  law  respecting  the  oath,  is  complied  with 
by  official  stenographers  and  assistant  official  stenog- 
raphers. Probably  the  only  question  that  could 
arise  from  the  omission  of  the  stenographer  to  take 
and  file  the  oath  would  be  as  to  whether  minutes 
taken  by  him  were  "  official."  That  question  could 
only  be  raised,  if  at  all,  by  third  parties  to  the  sub- 
ject-matter of  the  minutes.  It  certainly  could  not 
be  insisted  upon  by  the  attorney  or  client  engaged 
in  the  trial  of  the  particular  case  ;  because  they,  hav- 
ing gone  to  trial  without  making  the  preliminary  ob- 
jection to  the  qualifications  of  the  stenographer, 
would    undoubtedly  be  held  by  any  court   to   have 


Qualifications  of  the  Stoioi^rap/irr.  igl    'ICf 

waived  the  objection.  .Viul,  e\ea  if  such  objection 
proved  tenable,  the  stenographer  might  be  permit- 
ted to  take  and  file  the  oath  nujic pro  tunc,  i.  e.,asof 
the  proper  time,  which  would  cure  the  irregularity. 
Each  court  stenographer  ought,  whether  official, 
temporary  or  otherwise,  as  a  part  of  his  official  duties, 
to  compl\-  with  this  provision. 

It  goes  without  saying,  that  the  applicant  for  ap- 
pointment should  be  a  skillful  shorthand  writer. 
The  word  "  skilled,"  as  generally  used  in  the  stat- 
utes of  the  different  States  relating  to  the  appoint- 
ment of  stenographers,  is,  necessarily,  a  relative 
term.  Anomalous  as  it  may  appear,  one  having  a 
speed  of  one  hundred  and  fifty  words  per  minute, 
capable  of  being  sustained  for  at  least  an  hour  on 
cross-examination,  relating  to  the  subjects  and  top 
ics  that  ordinarily  come  before  courts  for  investiga- 
tion, and  who  understands  the  principles  of  law  in- 
volved in.  the  procedure,  and  formality  of,  trials,  and 
has  a  knowledge,  superficial  though  it  maybe,  of  the 
tecJinique  of  the  subject-matter  of  the  case,  will  turn 
out  a  far  better  transcript  than  the  two-hundred- 
word-a-minute  scribbler,  who  tries  to  get  on  paper 
every  word  uttered,  and  every  gesture  made  by  Court, 
counsel  and  witness.  A  mechanical  stenographer 
never  yet  made  a  good  report  or  transcript  of  a  law 
suit  which  he  did  not  comprehend.  One  may  be 
"  skilled  in  the  stenographic  art  "  to  the  extent  of 
being  able  to  write  two  hundred  words  per  minute 
from  dictation  ;  but,  to  be  "  skilled  "  in  the  applica- 
tion of  that  art,  is  quite  another  thing.  Suppose, 
for  instance,  the  plaintiff's  attorney  desires  to  prove 


20  Practical  Court  Reporting. 

by  a  witness  certain  facts;  that  the  defendant's  at- 
torney objects  to  such  proof,  without  stating  the 
grounds  of  his  objection  seriatim,  i.  c.,  that  he  sim- 
ply say,  "  I  object,"  and  then  proceeds,  as  is  often  the 
case,  to  argue  his  points  without  classification,  in  ex^ 
tcnso.  Shall  the  stenographer  report  every  word  ut- 
tered by  him,  by  the  plaintiff's  attorney  in  reply, 
and  by  the  court  in  ruling,  closing  with  "  I  except  to 
your  honor's  ruling?"  Or  shall  he  digest  the  argu- 
ment as  it  proceeds,  classifying  the  points  as  they 
are  made,  and  treating  the  plaintiff's  reply  in  the 
same  manner,  and,  unless  the  ruling  of  the  Court  lim- 
its or  modifies  the  contention  of  either  counsel,  sim- 
ply stating  that  the  objection  is  sustained  or  over- 
ruled ?  If  the  first  method  be  followed  throughout 
a  lawsuit,  the  party  paying  for  the  transcript,  will 
curse  the  stenographer  for  two  reasons,  viz.:  that  he 
has  to  pay  from  six  to  ten  cents  per  folio  for  mere 
chaff,  and  also  that  he  has  to  winnow  this  to  get  at 
the  points.  Now,  how  can  a  stenographer  use  the 
latter  style  of  reporting  unless  he  comprehends,  first, 
the  question  —  i.  e.,  the  issue  raised  by  the  question 
and  the  objection  —  the  elementary  principles  of  law 
involved  and  the  rules  of  evidence  applicable?  The 
difficulty  experienced  in  deciding  questions  of  the 
admissibility  of  evidence  is,  not  in  knowing  what  the 
law  is,  but  in  determining  those  principles  which  are 
applicable  to  given  cases.  Having  a  general  idea  of 
the  issue,  the  elementary  principles  and  rules  of  evi- 
dence that  7nay  be  applicable,  the  stenographer  will 
experience  no  serious  difficulty,  provided  he  gives 
the  discussion  strict  attention  —  which  of  course  must 


Qualifications  of  the  Stenographer.  21 

always  be  done  — in  digesting  and  correctly  classify- 
ing objections  of  this  kind. 

The  applicant  for  the  appointment  of  court  stenog- 
rapher will  usually  have  had  experience  as  an  assist- 
ant to  an  official  stenographer,  or  in  doing  general 
reference  reporting,  and  will  have  demonstrated,  to 
some  extent,  at  least,  his  skill  in  and  application  of 
the  stenographic  art,  and  will  probably  have  become 
known  to  the  judges  and  attorneys  of  the  locality  in 
which  he  does  business.  Politics  enter  largely  nowa- 
days into  the  question  of  the  appointment ;  although, 
it  is  by  no  means  controlling.  Judges  and  lawyers 
look  first  to  the  reputation  of  the  applicant  for  skill 
in  the  art.  They  have  not  yet  learned  the  distinc- 
tion attempted  to  be  made  in  this  chapter  between 
skill  in  the  art,  and  the  application  thereof  to  the  re- 
porting of  lawsuits.  They  regard  the  "  gentleman 
from  Arabia "  (as  one  facetious  attorney  calls  the 
stenographer)  as  a  sort  of  drop-a-nickel-in-the-slot,  or, 
you-press-the-button,  machine,  into  whose  ears  words, 
sentences,  and  even  whole  books  may  be  dropped, 
which,  falling  upon  the  tympanum,  sets  in  motion 
machiner)',  that,  no  matter  how  fast  they  are  dropped, 
transmogrifies  these  words,  sentences  and  books, 
into  strange  hieroglyphic  symbols,  without  any  men- 
tal effort  on  the  part  of  the  aforesaid  machine.  This 
is  unfortunate  for  the  better  class  of  stenographers ; 
and,  were  it  possible  to  relieve  the  Bench  and  Bar  of 
this  delusion,  the  competent  stenographer  would  be 
appreciated,  and  the  incompetent  would  be  relegatetl 
to  his  proper  sphere.  A  vacancy  existing,  let  the 
stenographer  decide  whether  he  is  competent  to  do 


12  Practical  Court  Reporting. 

the  work  —  first,  whether  he  has  the  skill,  and  sec 
ond,  whether  he  can  apply  that  skill  to  court  work. 
If  he  decide  this  question  in  the  affirmative,  then  seek 
the  appointment.  Obtain  from  every  judge  and  at- 
torney before  whom  or  for  whom  he  has  reported 
cases,  an  honest  expression  of  opinion  of  his  capabil- 
ity. Go  in  person  and,  if  possible,  see  the  judge  or 
judges  who  have  the  power  of  appointment.  Do 
not  exaggerate  your  stenographic  ability.  Keep 
your  thumbs  out  of  the  arm-holes  of  your  vest,  and 
do  not  pretend  to  be  other  than  what  you  are  —  a 
young  aspirant  anxious  to  show  what  you  can  do.  If 
you  have  special  facility  in  performing  any  of  the 
duties  of  a  stenographer,  press  it  upon  their  atten- 
tion, especially,  if  it  be  readiness  in  reading  your 
notes.  This  always  has  a  telling  effect,  because  so 
many  otherwise  first-class  gourt  reporters,  who  have  la- 
bored "  long  and  hard  at  the  oars,"  are,  either  from 
timidity  or  some  other  cause,  lamentable  failures  as 
readers  of  their  notes.  If  it  happen  that  you  are  an 
applicant  for  appointment  to  the  county  court  of 
your  county,  and  you  have  no  local  competitor,  and 
the  work  has  been  done  by  an  "  old  hand  "  from  out- 
side, you  will  sooner  or  later,  if  you  reach  the  stand- 
ard outlined  in  this  chapter,  receive  the  appointment. 
But,  if  you  do  not  come  up,  or  pretty  near,  to  this 
standard,  you  will  have  trouble. 

The  "  blind  "  stenographer  is  a  subject  for  deep 
commiseration.  To  him  every  step  in  a  proceeding 
or  investigation  is  tinged  with  the  mysterious.  He 
can  distinguish  pretty  well  between  a  civil  and  crim- 
inal case  ;  but  he  could  not  determine  that  Jones  v. 


Qualifications  of  the  Stenographer.  23 

Brown  is  an  equity  case,  did  not  the  calendar  state 
that  fact,  and  except  that  a  jury  is  dispensed  with. 
Fie  usuidly  "takes"  everything,  from  the  administra- 
tion of  the  oath  by  the  clerk,  or  by  the  court,  lo  wit- 
ness down  to  the  "  thanks"  of  the  court  to  the  grand 
jury  "  for  the  promptness  and  fidelity,  gentlemen, 
with  which  )'ou  have  performed  your  duties."  He  is 
troubled  with  horrible  dreams  of  possible  omissions 
of  such  sentences  as,  "  Now,  Mr.  Witness,  I  will  repeat 
the  last  question,"  and  "  Now,  if  your  honor  please, 
I  object."  At  the  conclusion  of  a  case,  he  believes 
that  he  has  committed  something  to  paper  ;  but,  be- 
yond the  fact  that  it  is  a  horse  lawsuit,  an  assault 
and  battery  case,  or  that  a  line-fence  is,  "  somehow 
or  other,"  mixed  up  with  a  lot  of  figures,  angles, 
courses  and  distances,  he  is  in  doubt  as  to  just  what 
has  happened.  The  young  court  stenographer  is, 
usually,  more  or  less  affected  with  this  description 
of  blindness,  and  th"e  difficulties  and  misgivings  that 
beset  his  pathway,  make  it  anything  but  roseate. 
The  only  remedy  for  this  want  of  discernment  is  time 
and  study.  But  this  should  have  preceded  his  ap- 
pointment, and  he  will  find  that,  before  he  becomes 
able  to  do  his  work  with  perfect  confidence,  feeling 
that  he  fully  comprehends  everything  that  occurs, 
excepting  perhaps  the  cross  examination  of  a  witness 
by  a  "  fresh  "  young  lawyer,  (which  is  presumed  to  be 
unintelligible)  he  will  tumble  into  many  pitfalls, 
and  make  many  egregious  mistakes. 

The  court  stenographer  ought  to  be  perfectly  com- 
petent at  the  time  of  his  appointment  to  report  any- 
thing and  everything.    Once  he  begins  his  work,  there 


24  Practical  Court  Reporting. 

is  little,  if  any,  time  for  preparation  for  that  particular 
case.  He  is  supposed  to  do  it  without  mistake  ;  but 
often,  and  oh,  how  often  !  does  this  rest  in  mere 
supposition  !  In  this  respect,  the  practice  of  the  art 
in  court  differs  from  almost  everything  else.  The  in- 
experienced young  lawyer  has  abundant  time  to  pre- 
pare himself  upon  the  facts  and  law  involved  in  his 
cases.  He  has  the  opportunity  of  knowing  beforehand 
almost  every  difficult  feature  that  will  be  encountered, 
and  he  can  anticipate  much  that  his  opponent  may 
spring  upon  him.  But  the  stenographer  in  court  sits 
down  to  the  table  unconscious  of  whether  he  will  be 
called  upon  to  scribble  the  testimony  of  a  physician, 
who  will  dilate  with  fiendish  (to  the  stenographer) 
delight,  upon  the  far-reaching  injury  to  the  nervous 
system  resulting  from  external  violence  to  the  me- 
dulla oblongata,  or  the  inducing  causes  which  render 
the  external  malleolus  o{\.\\Q  fibula  liable  to  atiehilosis, 
or  the  evidence  of  a  sculptor  descriptive  of  the  pro- 
cesses of  making  a  bronze  statue.  The  court  sten- 
ographer must,  to  use  a  homely  expression,  "  be  on 
his  taps  "  first,  last,  and  all  the  time.  If  he  tire,  no- 
body cares,  and  few  know  it.  No  matter  if  his  stock 
of  vitality  is  exhausted  ;  the  lightning-talking  witness 
talks  faster  ;  the  cross-examiner's  questions  pour  in 
faster  and  oftener,  and  each  one  seems  more  com- 
plicated than  its  predecessor.  It  is  under  such  cir- 
cumstances that  the  blind  —  the  mechanical,  incom- 
petent, ignorant  —  stenographer  meets  his  Waterloo. 
Confining  himself  merely  to  the  act  of  writing  sounds, 
he  has  no  opportunity  to  grasp  the  meaning  of  the 
subject-matter,  and  even  if  he  had,  he  could  not  com- 


Qualifications  of  the  Stenographer.  25 

j.„-ehend  it.  On  the  other  hand,  the  competent  sten- 
ographer, the  veteran  of  numberless  similar  encoun- 
ters, is  almost  oblivious  to  the  act  of  writing;  and, 
following  and  understanding  the  examination,  he  is 
enabled  to  "  carry  "  considerable  matter  in  his  mind  ; 
writes  more  deliberately  and  hence,  the  formation  of 
the  outlines  is  better,  more  exact,  and  more  easily 
read.  In  the  latter  instance,  it  does  not  partake  so 
much  of  the  character  of  a  race  between  writer  and 
speaker.  One  thus  trained  will  "  carry  "  easily  a 
question  and  answer,  and,  speaking  from  experience, 
it  is  possible  to  "  carry  "  and  write  correctly,  several 
questions  and  answers.  But  the  act  of  "carrying" 
is  exceedingly  wearisome. 

Too  many  court  stenographers  are  afraid  of  stop- 
ping witness  or  counsel.  Rather  than  be  subjected 
to  the  humiliating  experience  of  asking  a  witness  to 
repeat  his  answer,  resort  to  heroic  measures : 
"Throw  the  ink  bottle  at  the  enemy."  Shout  if 
necessary  at  him  or  her  —  the  ladies,  (begging  their 
pardon)  in  court,  are  the  greatest  and  most  persist- 
ent enemies  of  the  stenographer  —  "Wait  a  min- 
ute, Mr.  Witness!"  Difficulty  will  be  often  ex- 
perienced in  attracting  the  attention  of  the  witness, 
which  is  usually  directed  to  the  counsel  on  the  side 
for  which  he  is  sworn.  But  stop  not  at  such  trifles. 
Call  out  —  if  a  man,  his  first,  last,  or  first,  last  and 
middle  name  —  "  Vestus  Roricus  Jenkin-higgins  ! 
Wait  a  minute  !  "  But,  at  any  rate  stop  the  flow  of 
language  as  quickly  as  possible  even  if  you  have  to 
resort  to  the  act  of  "  chucking  "  the  ink  bottle  at 
him.      You  will  frighten  nobody  by  doing  it.     It  has 


26  Practical  Court  Reporting. 

been  done  before  your  time  and  it  will  be  done  after 
you  have  ceased  to  make  crooked  marks  and  are 
safely  garnered  where  lawsuits  and  cut-rate  "stenog- 
incompetents "  are  unknown.  We  here  publicly 
confess*to  having  stopped  —  yea,  and  even  lectured, 
and  scowled  at  —  witnesses  ;  and  we  hope  to  be 
spared  many  years  to  repeat  it.  Like  confession  for 
the  soul,  the  aforesaid  lecturing  and  scowling  gave  us 
instant  relief,  and  acted,  like  a  bracing  atmosphere, 
to  tone  our  nerves  and  refresh  our  spirits.  Try  it. 
The  same  remarks  are  applicable  to  counsel,  except 
the  lecturing.  There  you  are  at  a  disadvantage,  for, 
like  Goldsmith's' schoolmaster, 

E'en  though  vanquished,  they  can  argue  still. 
But  you  will  find  a  sort  of  safety-valve  relief  to  oc- 
casionally indulge  in  some  scowling  liberally  inter- 
spersed with  good,  homespun  (inward)  denunciation 
of  counsel.  But,  young  man,  do  not  forget  to  "  throw 
the  ink  bottle  "  at  the  proper  time. 

In  order  to  do  good  work,  the  stenographer  should 
have  read,  or  in  some  way  learned,  the  elementary 
principles  of  law.  He  need  not,  necessarily,  be  a 
lawyer;  but  as  above  stated,  he  ought,  in  order  to 
do  good  work,  comprehend  the  meaning  of  what  is 
taking  place,  the  record  of  which  he  is  making. 
Good  advice  to  a  shorthand  writer,  expecting  to  en- 
ter the  field  of  court  reporting,  would  be :  Go  into  a 
lawyer's  office  and  take  up  the  study  of  law,  the  same 
as  a  law  student.  Make  yourself  thoroughly  familiar 
with  the  forms  of  procedure  and  the  tecJiniqiie  of  the 
profession.  A  stenographer  was  aavised  to  devote 
his  attention  specially  to  the  rules  of  evidence.     The 


Qualifications  of  the  Stenographer.  27 

advice  was  wrong.  Devote  time  and  attention  to 
that,  not,  however,  to  the  exclusion  of  other  subjects. 
Read  Parsons  on  Contracts,  Addison  on  Torts, 
Bishop's  Criminal  Law,  Baylies'  Trial  Practice,  The 
Codes  of  Procedure,  not  omitting  some  good  works 
on  evidence.  The  commentaries  of  that  great  jurist, 
Blackstone,  may  be  added  to  this  list.  But  unless 
the  student  intends  to  fit  himself  for  the  practice  of 
law  he  will  save  much  time  by  omitting  the 
latter.  If  those  first  mentioned  are  studied 
faithfully,  and  the  student  attend  all,  if  possi- 
ble, of  the  courts  held  in  his  locality,  there  and 
in  the  office,  closely  observing  the  practical  ap- 
plication of  the  principles  he  has  studied  in  the 
books  above  mentioned,  and  doing  as  much  law 
reporting  as  he  can  obtain,  (with  which  at  first  he 
will  not  be  overburdened,)  he  will,  in  time,  fit  him- 
self to  apply  for  the  coveted  position.  It  must, 
however,  be  remembered,  that  the  proficiency  of 
the  law  stenographer  will  depend  largely  upon  his 
general  information.  A  mere  knowledge  of  short- 
hand is  insufficient.  He  ought  to  be  well  grounded  in 
the  four  "  R's  "  of  knowledge,  and  in  addition  should 
have  a  superficial  knowledge  of  many  subjects. 
Natural  philosophy,  physiology,  anatomy,  the  geog- 
raphy of  his  own  country,  and  geology  will  materially 
aid  him  in  doing  good  work.  He  will  find  that 
poetry,  art,  fiction  and  polite  literature  in  general  at 
times  constitute  a  part  of  the  subject-matter  of  his 
work.  Ill  short,  let  the  ambitious  aspirant  read  all 
he  can  ;  let  him  acquire  as  much  exact  information 
as  possible  of  those  subjects  which  he  will  most  fre- 


28  Practical  Court  Reporting. 

quently  encounter,  and  a  superficial  knowledge  of  as 
many  more  as  time  will  permit.  Cultivate  a  taste 
for  general  reading,  and  a  curiosity  to  learn  the  causes 
of  results.  Never  forget  that  diversified  information 
will  enable  the  stenographer  to  intelligently  apply 
his  skill  in  the  art ;  that  it  will  enable  him  to  perform 
his  work  with  comparative  ease,  and  in  the  end  will 
bring  shekels  and  a  good  reputation  as  a  practitioner  ; 
while  with  mere  mechanical  skill,  he  will  never  rise 
above  mediocrity,  his  transcripts  will  be  the  subject 
of  continual  criticism,  and  his  income  be  what  it 
should  —  small. 


CHAPTER  IIL 


A     DAY     IN     COURT 


The  court  stenographer  verily  "  holds  the  mirror 
up  to  nature."  He  catches  the  pathetic,  the  serious, 
the  humorous  and  preserves  it  in  indelible  impres- 
sions. The  tones  of  the  voice,  the  shake  of  the  head, 
the  gestures  and  movements  of  the  body  are  alike 
safely  housed  for  posterity.  One  hour  he  may  be 
engaged  in  recording  matter  upon  the  accuracy  of 
which  a  life  depends,  and  the  succeeding  hour  finds 
him  penning  in  mystic  characters  the  laughable  ut- 
terances of  a  son  of  the  Emerald  Isle.  Quiet,  unosten- 
tatious, always  at  the  post  of  duty,  writing — ever  writ- 
ing— sometimes  the  crisj)  and  brilliant  utterances  of  a 
master-mind,  at  others  reluctantly  scribbling  the 
vaporings  of  a  fresli  "  limb  of  the  law."  Regardless 
of  bad  ventilation  or  conditions  of  temperature,  he 
must  "drive  tlic  ([uill  "  all  day,  day  after  d;'>'. 
While  counsel  can  move  about  and  thus  relax  the 
tired  muscles  of  the  body,  and  even  the  Court  "  take 
a  turn  "  up  and  down  behind  the  bench,  the  faithful 
slave  of  the  pen  must  maintain  substantially  the  same 
position.  No,  his  muscles  never  weary  !  When  the 
case  on  trial  must  be  finished,  it  wont  hurt  "  Mr. 
Stenographer,  will  it,"  to  work  until  midnight? 
When  the  furnace  gives  out,  his  fingers  do  not  get 


30  Practical  Court  Reporting. 

cold.  Of  course,  the  Court  and  counsel  can  leisurely 
don  overcoats  and  listen  as  well  as  ever  to  tiie  testi- 
mony while  rubbing  their  hands  together  to  keep  up 
the  circulation.  So  could  the  stenographer  if —  but, 
then,  he  hasi.  t  time  and,  beside,  an  ulster  overcoat 
isn't  the  best  sort  of  garment  to  wear  when  writing 
at  a  table. 

Let  us  here  relieve  our  burdened  mind  on  the  sub- 
ject of  the  barbarously  defective  ventilation  of  the 
average  court-room.  And,  if  the  interlarding  of  it  at 
this  place  shall  destroy  what  little  prospect  of  a  kind 
reception  might  have  existed  for  this  unpretentious 
effusion  of  our  pen,  but  at  the  same  time  shall,  in 
the  least,  tend  to  bring  about  a  reformation  in  the 
ventilation  of  the  court-room,  we  shall  feel  that  we 
have  had  our  say  at  small  cost. 

The  average  court-room  is  heated  by  apparatus 
selected,  usually,  by  a  committee  of  the  county 
board  of  supervisors,  made  up  mainly  of  strong, 
healthy,  robust  business  men  and  farmers,  whose 
lungs,  by  reason  of  the  activity  and  recreation  inci- 
dent to  their  vocations,  are  practically  impervious  to 
bad  air.  This  apparatus  is  generally  managed,  either 
by  the  servants  of  the  sheriff,  or  by  a  janitor  ap- 
pointed by  the  board  of  supervisors,  whose  knowledge 
of  heat,  pneumatics,  and  ventilation  is  about  as  wide, 
diversified  and  accurate  as  is  their  information  re- 
specting the  Nicene  Creed.  Under  the  direction  of 
these  "  scientists"  the  doors  and  windows  are  closed 
as  tight  as  a  drumhead,  not  a  stray  current  of  air 
being  accorded  entrance  to  the  sacred  precincts  of  the 
court  room   "  under  penalty  of  law."     The  red  hot 


W   Day  in   Court.  31 

fiend  cf  the  lower  regions,  the  furnace,  is  then  set  in 
full  operation,  ami  tlie  loiil  air  of  the  cellar  is  heated 
and  sent  up  to  commingle  with  that  of  the  court- 
room, already  contaminated  b)'  the  impurities  from 
the  respiration  of  a  couple  of  liundred  lungs,  spiced 
with  the  foul  emanations  from  cuspidores,  stray  to- 
bacco-cuds, ami  by  —  well,  we  were  going  to  say  the 
perspiration  frt)m  unwashed  bodies  —  we  omit  that. 
This  aggregation  of  filthiness  loads  down  the  at- 
mosphere with  disease  and  deathclealing  causes,  and 
when  judges  and  lawyers'(of  course  it  makes  no  differ- 
ence if  it  kill  off  a  stenographer  or  two)  break  down 
prematurely  and,  as  physical  wrecks,  linger  on  for 
a  few  years,  it  is  charged  tt)  the  already  overburdened 
account  of"  nervous  prostration,"  and  the  machinery 
ofthe  law  goes  on  just  as  merrily  as  e\er.  It  is  scarcely 
a  month  ago  that  a  justice  of  the  supreme  court  was 
so  overcome  with  the  foul  atmosphere  of  a  court- 
room, that  he  was  compelled  to  relinquish  his  inten- 
tion of  charging  the  jur\-at  the  c\'ening  session,  and, 
went  to  his  house  the  next  da\'  ill,  undoubtedl}', 
from  the  effects  of  the  impure  atmosphere.  Shall  it 
be  expected  that  judges,  stenographers  and  other  of- 
ficers of  the  court,  with  these  injuriously  irritating 
surroundings,  will  manifest  that  patience  in  the  trial 
of  causes  which  the  legal  profession,  and  its  client, 
The  Public,  require?  Who  can  tell  how  far  the  lim- 
itations of  liberty  and  the  rights  of  persons  and  01 
property  may  ha\e  been  affected  by  these  shameful 
nuisances,  acting  directly  upon  the  physical,  and  con- 
sequently upon  the  mental  condition  of  our  judges, 
stenographers  and  other  court  officers?     And    with 


32  Practical  Court  Reporting. 

this  foe,  the  aspirant  after  fame  as  a  court  stenogra- 
pher, will  have  to  cross  swords.  I  hope  the  aspirant 
may  be  victorious.  This  is  no  fancy  sketch;  and, 
before  a  stenographer  counts  his  years  of  experience 
in  badly  ventilated  court  rooms  upon  the  fingers  of 
his  right  hand,  he  will  regard  a  work  on  court  re- 
porting defective  which  does  not  touch  upon  this 
evil. 

One  of  the  burning  questions,  if  not  the  most  im- 
portant of  all,  that  comes  before  the  stenographer, 
is  what  to  "take"  and  what  to  omit  "taking." 
The  law  under  which  court  stenographers  are  ap- 
pointed usually  provides  that  they  must,  under 
the  direction  of  the  judge,  presiding  at  or  holding 
the  term  or  sitting  which  they  attend,  take  full  sten- 
ographic notes  of  the  testimony,  and  of  all  other  pro- 
ceedings, in  each  case  tried  or  heard  thereat,  except 
when  the  judge  dispenses  with  the  reporter's  services 
in  a  particular  cause,  or  with  respect  to  a  portion  of 
the  proceedings  therein.  In  practice,  the  presiding 
judge  does  not  indicate  what  the  stenographer  shall 
record.  Occasionally  he  may  direct  that  some  spe- 
cial matter  be  taken  ;  but  as  a  rule  it  is  presumed  that 
the  stenographer  knows  his  duty  in  this  respect. 
This  presumption  is,  however,  sometimes  a  violent 
one. 

The  stenographer  puts  in  an  appearance  on  the 
first  day  and,  unless  relieved  by  an  assistant,  re- 
mains through  the  sitting  of  the  court.  The  first 
day  of  the  term  usually  occurs  on  Monday,  and  we 
find  "  Mr.  Stenographer"  on  hand  at  the  opening  of 
court,  bright  and  early,  ready  for  business.     Looking 


A  Day  in  Court.  2)2> 

over  the  calendar,  which  can  always  be  obtained  from 
the  clerk  of  the  court,  he  gets  an  approximate  idea 
of  how  much  there  is  to  do,  aided  in  coming  to  that 
conclusion  by  his  knowledge  of  the  duration  of  pre- 
vious terms  in  that  county.  The  judge  arrives,  and, 
if  it  be  in  a  country  district,  then  occurs  a  season  of 
nodding,  handshaking  and  a  general  salutation  all 
around,  between  the  recently-arrived  judge,  and  es- 
pecially the  older  members  of  the  bar,  the  younger 
fry  in  the  meantime  looking  enviously  on  and  ment- 
ally calculating  the  passage  of  time  that  will  neces- 
sarily ensue  before  the  marks  of  eminence,  sometimes 
consisting  of  baldness,  a  portly  person,  and  a  ple- 
thoric purse  shall  entitle  than  to  walk  with  stately 
mien  to  the  bench  and  exchange  salutations  and 
pleasantries  with  "  his  honor." 

WHAT  NOT  TO  TAKE. 
The  first  business  in  order  after  the  court  crier  has 
"  opened  "  court,  is  the  calling  of  the  grand  jurors 
by  the  clerk,  and  the  charge  of  the  Court  to  them. 
This  need  not  be  taken  by  the  stenographer,  no  rec- 
ord, beyond  the  entry  in  the  clerk's  minutes,  being 
made.  The  grand  jurors  then  retire  to  rooms  pro- 
vided for  their  deliberations,  not  returning  into  court 
until  they  present  the  indictments  found  by  them. 
Their  coming,  upon  a  hot  September  afternoon,  in 
the  midst  of  a  spirited  cross  examination  furnishes 
the  weary  stenographer  with  a  welcome  breathing 
spell.  The  Court  usually  stops  proceedings  in  the 
case  on  trial  and  receives  the  indictments,  thanking 
the  jury  on  behalf  of  the  tax  payers.     No  record 


34  Practical  Court  Reporting. 

need  be  made  of  any  of  these  matters  relative  to 
the  grand  jury. 

The  namesof  thepetit(small)juryare  usually  called 
after  those  of  the  grand  jury.  Thirty-six  persons 
are,  in  most  States,  summoned  as  petit  jurors.  Ex- 
cuses are  first  heard  by  the  Court  from  the  latter,  who 
wish  to  be  relieved  from  sitting  during  the  whole,  or 
a  part,  of  the  term.  Having  disposed  of  these  ex- 
cuses, the  clerk  swears  the  entire  panel,  and  they  are 
generally  discharged  until  the  afternoon  session.  The 
clerk  makes  all  the  necessary  entries  in  his  minutes 
respecting  the  petit  jury;  the  stenographer  making 
none. 

The  Court  then  announces  that  he  will  hear  ex 
parte  motions.  An  ex  parte  motion  may  be  defined 
as  an  application  to  the  Court  for  an  order  of  some 
description,  to  which  application  there  is  no  opposi- 
tion. There  is  no  argument,  sometimes  a  brief 
statement  of  its  nature,  being  made  by  the  attorney 
making  the  application.  Of  course  there  is  nothing 
for  the  stenographer  to  record. 

The  hearing  of  ex  parte  motions  is  usually  suc- 
ceeded by  "  contested  motions."  Rarely  is  the  sten- 
ographer called  upon  to  report  these.  Occasionally, 
counsel  may  request  a  report  of  the  argument  of  the 
motion.  Upon  these  motions,  the  attorney  making 
it,  has  the  opening  and  closing  speech.  He  begins 
by  a  statement  of  the  relief  he  seeks,  usually  stating 
the  grounds  and  reasons  therefor,  the  written  evi- 
dence of  which  rests  in  affidavits  —  sworn  statements  J 
—  which,  being  filed  with  the  order  made  by  the  I 
Court,  make  up  the  record.     The  attorney  opposing  " 


A   Day  in   Court.  35 

the  motion,  replies,  stating  his  reasons  for  objecting 
to  the  gr.mting  of  the  order,  and  arguing  the  points 
upon  which  he  rehes.  The  attorney  for  the  motion 
repUes,  and  the  Court  disposes  of  the  motion,  grant- 
ing or  denying  it.  Sometimes  the  Court  "  takes  " 
the  papers,  and  disposes  of  it  at  his  leisure,  perhaps 
duriuLT  that  term  of  the  court,  or  afterward. 

The  calendar  of  causes  is  then  called  by  the  Court, 
commencing  with  the  first  case  thereon  and  going 
through  the  entire  list,  the  attorneys  for  the  respect- 
ive parties  replying  "  ready  on  the  part  of  the  plain- 
tiff" or  "defendant"  as  the  case  maybe,  or  "  not 
ready,"  and,  if  not  ready  for  trial  at  that  term,  stat- 
ing that  a  motion  to  put  the  cause  over  the  term  will 
be  made.  As  the  Court  calls  the  cases,  he  marks 
each  case  "ready,"  "reserved,"  "over,"  "off"  or 
"  settled  "  according  as  the  call  is  responded  to.  The 
stenographer  having  provided  himself  with  a  calen- 
dar, should  mark  the  causes  in  the  same  manner. 
This  call  of  the  calendar  is  for  the  purpose  of  learn- 
ing what  cases  are  ready  for  trial.  Having  gone 
through  the  calendar,  the  Court  begins  the  "  regular  " 
call  thereof,  commencing  with  the  first  case  that 
was  announced  and  marked  "ready"  upon  the 
first  call.  The  regular  call  is  usually  begun  at  the 
commencement  of  the  afternoon  .session,  when  the 
jury  are  present. 

Beside  the  motions  referred  to,  other  applications 
to  the  Court   may  be  made  in  cases  upon  the  calen 
dar  upon  tlie  regular  call   thereof,  a  record  of  which 
it  will  not  be  necessary  for  the  stenographer  to  make. 
It  is  impracticable  to  specify  all  such  as  may  arise. 


^6  Practical  CoiH-t  Reporting. 

A  i&\\  instances  will  suffice  for  illustration.  Suppose 
in  the  first  case  called  for  trial,  upon  the  regular  call, 
there  is  no  appearance  by  the  plaintiff's  attorney; 
the  defendant  s  attorney  being  present,  may  move  for 
a  dismissal  of  the  complaint.  Assume  that  there  is 
an  appearance  b)'  the  plaintiff's  attorney,  and  a  de- 
fault in  appearance  by  the  defendant's  attorney  ;  that 
the  allegations  of  the  plaintiff's  complaint  are  not 
denied  by  the  defendant's  answer,  but  that  the  an- 
swer sets  up  a  counterclaim.  In  that  case,  upon 
proof  by  affidavit  of  service  of  notice  of  trial  upon 
defendant's  attorney,  the  Court  may  (although  it  is 
unusual  to  do  so  on  the  first  day  of  the  term  in  most 
counties)  order  judgment  for  the  plaintiff.  There  is 
no  necessity  of  taking  this,  as  the  order  directing 
judgment  recites,  or  ought  to  recite,  the  proceedings 
sufficiently  to  show  what  occurred.  Then  again 
there  are  certain  cases  in  which  there  has  been  no 
appearance  in  the  action  by  the  defendant,  but,  from 
the  nature  of  the  case,  it  is  necessary  to  make  a  for- 
mal application  to  the  Court  for  judgment.  Here 
again  the  papers  in  the  case,  and  the  order  made, 
show,  or  ought  to  show,  everything  necessary  to 
make  the  record  complete.  The  clerk  of  the  court, 
it  is  assumed,  will  enter  in  his  minutes,  brief  memo- 
randa of  all  these  proceedings. 

There  are  certain  proceedings  which  occur  when 
prisoners  are  arraigned  in  court,  some  of  which  the  sten- 
ographer must  take,  and  others  may  be  disregarded, 
unless  specially  requested  to  record  them.  It  is  un- 
necessary to  take  the  questions  propounded  by  the 
clerk  of  the  court  and  answers  thereto  upon  the  ar- 


i 


A  Day  in   Court.  37 

raignment  of  a  prisoner,  or  the  proceedings  when  the 
prisoner  has  pleaded  guilty,  or  has  been  convicted  and 
appears  before  the  Court  for  sentence.  Upon  the  lat- 
ter occasions,  the  clerk  formally  asks  the  convicted 
man,  "  Have  you  anything  to  say  why  the  sentence  of 
the  law  should  not  be  pronounced  upon  you  ?  "  The 
prisoner  invariably  replies  in  the  negative,  or  asserts 
his  innocence,  and  thereupon  the  Court  proceeds  to 
pronounce  the  sentence,  generally  prefacing  the  for- 
mal sentence  with  an  epitome  of  the  circumstances 
under  which  the  crime  was  committed,  cautioning  the 
unfortunate  convict  against  a  repetition  of  the  same 
crime,  or  the  commission  of  others  ;  pressing  home 
to  his  mind  the  opportunity  and  necessity  for  refor- 
mation and  informing  him  of  the  chance  he  has  by 
good  conduct  to  earn  a  commutation  of  the  sentence. 
It  is  unnecessary  to  take  any  of  this.  What  should 
be  recorded  under  certain  circumstances  upon  the 
arraignment  o{  a  prisoner  will  be  considered  here- 
after. 

Without  having  reference  to  the  proceedings  upon 
a  trial,  a  general  rule  may  be  laid  down,  to  which 
(like  all  general  rules)  there  are  exceptions,  which 
will  aid  the  stenographer  in  determining  what  mat- 
ters he  may  omit  to  take,  viz.  :  In  all  matters  that 
come  before  the  Court  for  determination,  in  which 
the  papers  used  before  the  Court  contain  the  facts, 
grounds  or  points  relied  upon  b)-  the  mo\'ing  party 
as  the  basis  of  the  relief  or  recovery  sought,  the 
stenographer,  in  the  a!)sence  of  special  direction 
from  the  Court,  need  make  no  record. 

449555 


CHAPTER   IV. 

A  DAY  IN  COURT  (continued). 

While  the  subject  of  what  can  be  omitted  from 
the  record  is  important,  yet  that  of  what  should  be 
taken,  and  how  to  do  it  with  the  most  ease  and  fa- 
cih'ty  compatible  with  so  difficult  an  undertaking  is 
of  the  deepest  interest  to  the  stenographer.  And  to 
throw  all  the  light  possible  upon  this  question  to 
the  end  that  the  difficulties  that  meet  the  j^oung 
court  stenographer  may  be  readily  and  intelligently 
overcome,  shall  be  the  purpose  of  this  and  succeed- 
ing chapters. 

THE    TRIAL. 

The  afternoon  session  having  been  opened  by  the 
court  crier,  the  case  of  Competent  v.  Incompetent  is 
called  for  trial  by  the  Court.  The  plaintiff  may  ap- 
pear in  person  without  an  attorney,  but  invariably 
he  appears  with  one.  The  defendant.  Incompetent, 
makes  default  in  appearing,  i.  e.,  does  not  appear. 
The  plaintiff  waives  a  jury,  and,  without  even 
stating  the  case  to  the  judge,  swears  usually  but 
one  witness,  simply  proving  the  allegations  con- 
tained in  his  complaint,  and  a  computation  of  inter- 
est. Thereupon  the  Court  orders  judgment  for  the 
plaintiff.  This  ends  the  proceeding  so  far  as  the 
stenographer  is  concerned.     This  is  termed,  taking 


A  Dav  in   Court. 


19 


AN  INQUEST. 
The  form  to  be  used  in  the  stenographic  report, 
as  respects  the  title  of  the  court,  title  of  case, 
appearances,  etc.,  may  be  as  follows:  the  words 
in  Roman  being  always  written  in  longhand,  while 
those  in  italics  may  be  in  longhand  or  shorthand,  at 
the  option  of  the  writer  : 

FULTON  CIRCUIT, 

October  (19)  1891. 

rUTNAM,  J. 


1  . 

JOHN  COMPETENT  Old  Stenographer 


JERRY  INCOMPETENT      Xo  appearance. 


Johnstown,  N.  Y., 

October  19th,  1891. 
Inquest,  takoi  before  the  Court,  (^  Jx^J  being  ivaived. 
John  Competent,//^. 

By  Old  Stenographer. 

Then  follows  the  testimony  given  by  the  witness 
In  the  first  line  of  the  j)receding  form  appears  the 
name  of  the  county  and  the  couil  -circuit  always 
meaning  trial  term  of  the  Supreme  Court.  I-'ollow- 
ing  this  in  the  next  line  is  the  month,  the  day  of  the 
commencement  of  tin;  circuit,  ami  the  \car.  These 
dates  should  appear  in   c\er\-  case   recorded   during 


40  Practical  Court  Reporting 

the  term,  no  matter  if  the  term  runs  into  the  suc- 
ceeding month,  which  is  often  tiie  case ;  because  for 
certain  purposes  everything  dates  from  the  first  day 
of  the  term.  In  the  next  hne  appears  the  name  of 
the  justice  presiding,  the  letter  "  J  "  being  an  ab- 
breviation of  the  word  ''Justice."  In  the  follow- 
ing line  within  the  brace  appears  the  name  of  the 
plaintiff;  following  it  and  between  it  and  the  name 
of  the  defendant  below  appears  the  letter  ''  v,"  a 
convenient  abbreviation  of  versus,  a  Latin  word 
meaning  "  against."  Sometimes  the  word  "  against  " 
is  used  instead,  and  very  often  shortened  to  "ag'st." 
To  the  right  of  the  brace  opposite  "John  Competent  " 
appears  "  Old  Stenographer,"  the  name  of  the  plain- 
tiff's attorney,  placed  there  because  it  appropriately 
belongs  opposite  the  name  of  the  plaintiff.  Write 
here  the  names  of  all  the  attorneys  and  the  counsel 
who  appear  for  the  plaintiff,  placing  the  name  of  the 
attorney  of  record  first  (which  will  appear  upon  the 
calendar),  following  it  with  the  names  of  counsel, 
writing  after  the  latter  names  the  words  "ofcoun 
sel."  When  there  are  appearances  for  the  defendant, 
treat  them  in  the  same  manner,  placing  them  below 
those  for  the  plaintiff  and  opposite  the  name  of  the 
defendant. 

While  it  is  presumed  that  the  term  will  be  held  at 
the  county  seat,  yet  it  is  proper  to  write  that  below, 
as  in  the  illustration,  with  the  month,  day  of  the 
month  and  year,  upon  which  the  trial  begins.  Next 
appropriately  follows  a  statement  of  the  character  of 
the  proceeding,  supplemented  with  the  fact  of  waiver 
of  jury,  if  a  trial  by  jury  be  waived.    On  the  next  line 


A  Day  in  Court.  41 

below,  write  the  name  of  the  witness,  and,  if  the  wit 
ness  be  plaintiff  or  defendant,  state  that,  together  with 
the  name  of  the  attorney  (in  this  case  "  Old  Stenog- 
rapher") who  examines  the  witness,  placed  in  the 
following  line.  Subsequent  to  that,  of  course,  should 
appear  the  examination  of  the  witness,  after  which 
if  the  Court  order  judgment  as  above  stated,  enter 
in  shorthand  the  following  memorandum,  or  its 
equivalent:  "The  Court  ordered  judgment  for  the 
plaintiff  for  $295." 

Having  completed  this  record,  clear  the  deck  for 
the  next  cause.  That  may  be  a  criminal  case.  The 
one  just  disposed  of  was  a  civil  cause.  Recollecting 
what  was  said  about  the  circuit  term  of  the  supreme 
court,  the  civil  branch,  and  what  was  said  about  the 
oyer  and  terminer  (meaning  to  hear  and  determine) 
or  the  criminal  branch,  it  will  be  seen  that  without 
any  change  in  the  constitution  of  the  court,  the  trial 
of  a  criminal  case  may  immediately  follow  that  of  a 
civil  cause.  But  criminal  cases  will  be  considered 
hereafter. 

Assuming  that  No.  10,  the  case  of  Jenkins  v. 
Briggs,  is  the  next  civil  cause  marked  ready  for  trial, 
which  the  Court  calls,  as  stated  above  by  number 
and  nanie,  counsel  for  [)laintiff  and  defendant  answer 
"  Ready ! "  The  Court  addresses  the  clerk  with 
"Call  a  jury  in  No.  10.  Mr.  Clerk;"  the  respective 
counsel  and  their  clients  place  themselves  in  battle 
array,  the  plaintiff's  counsel  usually  occupying  the 
seats  at  the  counsel  table  nearest  the  Court,  and  in 
front  of  the  jury,  and  the  defendant's  counsel,  seats 
at  a  table  next  to  the  plaintiff  and  facing  the  jury. 


42  Practical  Court  Reporting. 

The  stenographer  makes  the  appropriate  preliminary 
entries  in  his  minutes  respecting  the  case  which  may 
be  in  the  same  form  as  that  just  given  on  page  39, 
(except  that  he  will  note  the  appearances  for  the  de- 
fendant) continuing  down  to  and  including  the  name 
of  the  county-seat  or  place  of  trial.  Then,  instead 
of  inserting  the  date,  as  given  in  the  illustration,  it 
will  be  better  to  make  this  entry  (written  in  short- 
hand) :  "Trial  commenced  October  19th,  1891,  at 
2  P.  M."  It  is  not  necessary  that  this  entry  should 
be  made ;  but,  inasmuch  as  it  often  proves  of  con- 
venience to  counsel  in  determining  questions  of  time, 
and  also  forms  a  part  of  the  history  of  the  case,  it  is 
well  to  insert  it,  as  at  this  stage,  the  writer  has  an 
abundance  of  time  to  do  so. 

THE  JURY. 
By  the  time  the  preliminary  record  has  been  thus 
made  up,  twelve  "good  men  and  true  "  (which  of 
course  every  one  knows  to  be  the  number  of  persons 
comprising  a  petit  jury)  will  have  taken  seats  in  the 
jury»box  in  response  to  the  call  of  the  clerk.  Either 
party  has  the  right  to  challenge  the  entire  panel  of 
jurors.  This  is  termed  a  challenge  to  the  array.  A 
challenge  is  in  the  nature  of  an  objection.  Beside 
challenges  to  the  array  there  are  challenges  to  the 
polls.  These  consist  in  objections  to  some  individ- 
ual jurors,  based  upon  matters  tending  to  disqualify 
the  jurors  from  serving.  Either  party  to  the  action 
has  the  same  rights  respecting  the  use  of  challenges. 
The  plaintiff  in  a  civil  case,  and  The  People,  or 
Prosecution  in  a  criminal  case,  usually  first  exercises 


A   Dax  in   Court.  43 

the  ri<^ht  of  challenge  to  jurors.  The  pUiiiitiff  gen- 
erally examines  each  of  the  jurors  to  determine 
whether  he  will  excuse  any  one  or  more  of  them 
"  peremptorily"  i.  e.,  without  assigning  any  reason 
for  so  doing.  liie  number  of  jurors  as  to  which  a 
party  may  thus  exercise  his  right  of  peremptorj' 
challenge,  as  it  is  called,  varies  in  ci\'il  and  criminal 
cases  in  the  different  States.  In  the  State  of  New 
York,  it  was,  until  the  first  of  September,  1891,  lim- 
ited in  civil  cases  to  two;  but  on  that  date,  an 
act  of  the  Legislature  of  that  State  went  into 
effect  which  increased  the  number  in  civil  cases 
to  four  in  courts  of  record.  Hef.ide  these  per 
emptory  challenges,  the  right  of  challenge  to  any 
juror  exists  where  for  certain  specified  legal  reasons 
he  is  disqualified  to  sit  as  a  juror  by  reason  of  not 
possessing  the  prescribed  statutory  qualifications  of 
the  particular  State,  or  b\'  reason  of  prejudice,  bias 
or  having  formed,  and  entertaining,  an  opinion  with 
regard  to  the  issue  involved,  which  opinion  would 
render  him  unable  to  pronounce  a  fair  and  impartial 
verdict  between  the  parties. 

The  plaintiff  and  defendant  equally  have  the  right 
of  challenge  ;  the  plaintiff  being  required  to  first  ex- 
ercise such  right  first  announces  "  content,  your 
honor,"  which,  of  course,  means  that  the  jury  as  thus 
made  up  is  satisfactory  to  the  plaintiff.  The  sten- 
ographer nectl  make  no  note  of  the  peremptory 
challenge  except  upon  a  "  temporary  memorandum 
sheet"  of  paper  to  cuter  the  following  details  which 
may  be  in  this  form  : 


44  Practical  Court  Reporting. 

PEREiMPTORV  CHALLENGES. 

Plaintiff.  Defendant. 

1  John  Doe  Thomas  Johnson  i 

2  Richard  Roe  George  Dickens  2 

3  John  Jackson  James  Thackery  3 

4  Daniel  Deronda  W.  C.  Bryant  4 
When,  during  an  examination  of  the  jury,  a  dis- 
pute arises,  as  it  sometimes  does,  as  to  the  number 
of  peremptory  challenges  exercised  by  either  party, 
the  preceding  entries  upon  the  stenographer's  side 
sheet  will  quickly  determine  the  controversy.  This 
sheet  may  be  destroyed  after  a  jury  has  been  obtained. 

The  most  important  duty  of  the  stenographer  in 
connection  with  the  empaneling  of  the  jury  arises 
upon  the  second  class  of  challenges  above  referred 
to.  Especially  is  this  true  of  this  part  of  the  trial  of 
a  criminal  case,  in  which  days,  weeks,  and,  as  in  the 
case  of  the  trial  of  The  People  v.  Sharp  in  New  York 
City,  more  than  a  month  may  be  consumed.  Im- 
portant questions  respecting  the  admissibility  of  evi- 
dence, the  competency  of  jurors  to  sit  and  other 
questions  arise  upon  this  branch  of  the  case,  and  the 
reports  of  decisions  of  the  courts  of  the  different 
states  contain  numerous  cases  in  which  these  ques- 
tions have  been  decided,  and  judgments  reversed  for 
errors  committed  by  the  trial  courts  during  the  ex- 
amination of  jurors.  This  feature  of  a  trial  is  more 
conspicuous  in  criminal  cases  —  in  fact  it  seldom  oc- 
curs in  a  civil  case. 

The  stenographer  who  will    study  the  works    of 
practice  regulating  the  formalities  of  the  procedure 


A  Dijy  in  Court.  45 

of  his  State  in  the  trial  of  cases,  will  learn  respecting 
the  challenging  of  jurors,  that  of  which  some  judges 
and  a  good  many  lawyers,  are,  either  ignorant,  or 
which  they  forget,  viz. :   that,  to  be  effectual,  the  rul- 
ing of  a  court,  upon   every  challenge  (other  than  a 
peremptory  challenge),  must  be  based  upon  proof, 
cither  by  stipulation  between  the  parties  —  in  a  crim- 
inal case  it  is  doubtful  whether  a  stipulation  would 
bind  the  defendant  —  or  by  sworn  testimony,  of  the 
facts  showing  either  the  qualification  or  disqualifica- 
tion of  the  juror.      The  juror  challenged  should  be 
sworn  as  to  his  qualifications  to  sit  in  the  particular 
case,  and   the  examination  should   be  taken  by  the 
stenographer.      Many  attorneys,  either    because    of 
ignorance  or  forgetfulness,  proceed  with  an  examina- 
tion of  a  juror  upon  this  kind  of  challenge  without 
having  the  juror  previously  sworn  ;  and,  the  exami- 
nation being  completed,  address  the  Court,  "  If  your 
honor    please,    I   challenge   the  juror  for  favor"    or 
"  principal  cause  "  or  "  for  bias  "  or  "  for  prejudice." 
Perhaps  the  juror  examined  sits  in  the  second  row 
of  seats  at  the  end  farthest  from  the  .stenographer, 
who  usually  sits  near  the  juror  in  the  front  row,  at 
the   end    nearest   the   Court.     Jurors    are    generally 
timid  and  afraid  to  speak  audibly,  and  the  stenog- 
rapher has  not   been  able  to  catch  one  word.      It's 
just  as  well ;    because,  unless  the  opponent  of  the 
challenging  attorney  consents  to  accept  the  examina- 
tion of  the  juror  the  same  as  if  he  had  been  duly 
sworn,  the    examination  will  have  to  be  repeated.  - 
Now  is  the  time  for  the  stenographer  (who  until  now 
has   been  lost   sight   of )  to   make   known  his  pres- 


46  Practical  Court  Reporting. 

ence.  He  should  insist  upon  having  the  juror  sit 
either  in  the  witnesses'  chair,  or  somewhere  else 
near  him,  so  that  he  can  get,  by  question  and  answer, 
the  full  examination  of  the  challenged  juror.  Don't 
be  afraid.  It  is  a  duty  you  owe  )^our  physical  powers 
to  demand  that  your  onerous  work,  so  taxing  on  the 
nervous  system,  shall  be  made  as  easy  as  the  nature 
of  the  proceedings  admit.  A  stenographer  should  not 
be  required  to  strain  his  sense  of  hearing,  and  divide 
his  attention  between  the  act  of  writing  and  lookino- 
half-way  across  a  court-room  among  the  shining 
pates  of  counsel  and  the  generous  locks  of  jurors  to 
note  the  gestures  of  a  juror,  and  catch  his  mumbled 
responses  to  counsel,  and  he  who  does  so  is  inex- 
cusable. Young  man,  be  not  afraid  to  insist 
upon  your  rights.  Recollect  that  you  are  an 
officer  of  the  court  and  your  wishes  are  entitled  to 
some  respect.  Having  once  inaugurated  an  innova- 
tion in  these  formalities  of  procedure,  you  will,  after 
a  time,  have  the  satisfaction  of  the  spectacle  of 
Court  and  counsel  unconsciously  conforming  to  your 
methods.  But,  of  course,  do  not  be  rash.  Attempt 
no  reforms  that  are  not  warranted  by  convenience 
and  reason.  Do  not  permit  the  consciousness  of 
your  official  position  to  inflate  your  pride  to  the  ex- 
tent of  making  you  obnoxious.  Having  insisted 
upon  your  rights,  the  juror  liaving  been  sworn 
and  occupying  a  seat  near  you,  you  should  have 
made  the  appropriate  preliminary  entries  in  your 
minutes  descriptive  of  the  proceedings  taking  place. 
If  you  have  not,  and  have  not  then  time  to  make 
them  before  the  examination  of  the  juror  begins  — 


A  Day  in  Court.  47 

which  will  prob.'ibly  be  the  case  —  do  so  at  the  first 
opportunity,  leaving  sufficient  space  therefor,  con- 
tenting yourself  for  the  time  being  to  write  the  name 
of  the  juror,  the  fact  that  he  is  challenged,  and  by 
which  party,  the  grounds  of  challenge  and  the  attor- 
ney by  whom  he  is  being  examined,  following  with 
the  testimony  of  the  juror.  The  following  form  may 
be  used,  the  name  of  the  juror  being  in  longhand 
and  the  remainder  in  shorthand:  "Timothy  Tug- 
mutton,  a  juror,  sworn  as  to  his  qualifications, 
challenged  by  defendant  (here  insert  grounds  of 
challenge)  examined  by  Mr.  Shiningpate,  defend- 
ant's attorney,  testified  :  "  If  you  use  a  bound  note 
book,  simply  enter  in  longhand,  written  sufficiently 
large  to  be  conspicuous,  after  the  statement  of  the 
month,  day,  year  and  hour  of  the  commencement 
of  the  trial  : 

EXAMINATION   OF   JURORS. 

If,  on  the  contrary,  you  use  loose  sheets  of  num- 
bered paper,  which  for  convenience  you  divide  into 
books,  make  a  separate  book  for  the  examination  of 
jurors.  The  preliminary  entries  respecting  title  of 
court,  case,  appearances,  etc.,  may  be  in  the  same 
form  as  above  given.  Enter  objections,  rulings  and 
exceptions  the  same  as  hereafter  specified  in  the 
next  chapter  with  respect  to  that  subject  upon  the 
examination  of  a  witness. 

Upon  the  examination  of  jurors  respecting  forma- 
tion of  opinions  as  to  the  guilt  or  innocence  of  the 
accused,  certain  questions  will  be  repeated  many 
times  with  scarcely  any  difference  in  verbiage.     To 


48  Practical  Court  Kepoitiiig. 

illustrate  :   suppose  the   District  Attorney,  upon  the 
direct-examination  of  a  juror,  has  elicited  testimony 
showing  that  the  juror  has  formed  an  opinion,  either 
from  conversation  or  reading  about  the  case.    Assume 
that  the  defendant's  counsel  desires  to  retain    the 
juror,  or  to  raise  an  issue  of  law  as  to   his  qualifica- 
tion,  trusting  that,  by  so  doing,  the   Court  ?//«^  err 
in  permitting  an   incompetent  juror  to  sit,  the  de- 
fendant thereby  obtaining  a  ground   for  reversal  of 
the  judgment  in   case  the   defendant   is    convicted. 
This  is  often  resorted  to  by  the  defendant's  counsel 
when,  as  a  matter  of  fact,    he   does   not  want   the 
juror  to  remain  on  the   panel.     If  the  Court  hold 
that  the  juror  is  competent,  the  defendant  can  after- 
ward exercise  his  right  of  peremptory  challenge.    A 
question  frequently  put  by  the  defendant's  attorney 
under  these  circumstances  will  run  something  like 
this :      "  Notwithstanding    the    answers   you    have 
made  to  the    District  Attorney,   and   notwithstand- 
ing the  opinion   you    have  formed,   and  expressed, 
do    you    believe    that,    uninfluenced   by    that    opin- 
ion, you  can  sit    upon  this   panel   of  jurors,  listen 
to  the   evidence   as  it  is  elicited    from   the   various 
witnesses,    and    render    a    fair    and    impartial    ver- 
dict between  the  People  (or  Prosecution)  and  the 
defendant  at  the  bar,  without  bias  or  prejudice?"^ 
Probably  —  in    fcict   usually  —  the  defendant's  coun- 
sel frames  his  question  in  conformity  to  the  hold- 
ing, as   he  understands  it,  of  the  Court  of  Appeals, 
or  the    highest    court    of   the    State    in    which    the 
trial    is  occurring,   endeavoring  to   embody   all  the 
elements  which  that  court  has  decided  will  render  a 


.7   Da\  in   Court.  49 

juror  qualified,  even  if  he  has  expressed  an  opinion. 
This  and  similar  questions  put  to  jurors  will  often 
be  repeated  with  unvarying  monotony,  until  the 
writer  will  be  heartily  tired  of  them.  It  is  im- 
portant to  get  the  question  verbatim  ct  literatim. 
Another  question  with  which  the  counsel  first 
examining  the  juror,  (which  is  termed  the  "direct" 
examination  and  that  which  follows  being  called 
the  "  cross  "  examination)  generally  closes  the  direct- 
examination  is,  "  Do  you  think  that  you  can  sit 
as  a  juror  in  this  case,  and  render  a  fair  and 
impartial  verdict  upon  the  evidence  as  it  shall  he 
given  to  you  by  the  witnesses  in  the  case?"  When 
a  challenge  is  sustained,  the  juror  challenged  is  dis- 
charged from  the  panel,  and  another  juror  is  called 
by  the  clerk  to  take  his  place.  This  proceeds  until 
t'he  plaintiff,  if  it  be  a  civil  case,  or  the  prosecution, 
if  it  be  a  criminal  case,  is  satisfied  with  the  compo- 
sition of  the  jury.  The  plaintiffs  attorney  usually 
makes  that  known  by  "plaintiff's  content,  your 
honor."  The  stenographer  should  have  entered 
upon  his  "temporary  memorandum  sheet"  the 
names  of  the  jurors  who  have  been  challenged  and 
left  the  panel  up  to  this  period,  so  as  to  be  able  to 
inform  Court  or  counsel  later  on  the  names  of  those 
jurors  who  have  been  accepted  ;  because  once  a 
party  expresses  satisfaction  he  cannot  withdraw  it, 
and  object  to  a  juror.  Mence,  it  is  often  importcuU 
for  the  stenographer  to  be  able  to  tell,  quickly,  the 
jurors  who  were  in  the  box  when  the  panel  was  ac- 
cepted by  either  party,  for  it  is  a  very  common 
4 


50  Practical  Court  Reporting. 

occurrence  that  a  wrangle  ensues  between  counsel 
as  to  this  point. 

The  plaintiff  in  a  civil  case,  or,  in  a  criminal  case, 
The  People  being  satisfied  with  the  jury,  the  defend- 
ant then  proceeds  in  the  same  manner  to  exercise 
his  right  of  challenge.  The  proceedings  will,  of 
course,  be  similar  to  those  already  taken.  It  very 
often  happens  that  the  entire  panel  of  jurors  drawn. 
is  exhausted  by  the  challenges.  If  it  be  probable 
that  the  panel  can  be  completed  in  a  short  time,  the 
Court  has  the  power  to  direct  the  sheriff  to  summon 
persons  from  the  bystanders  to  act  as  jurors.  The 
persons  so  summoned  are  technically  known  as 

"  TALESMEN." 

The  stenographer  chronicles  these  facts  in  appropri- 
ate language,  which  may  be  as  follows  :  "  The  regu- 
lar panel  being  exhausted,  the  Court  directed  the 
sheriff  to  summon  (state  the  number)  talesmen  from 
the  bystanders,  whereupon  the  sheriff  summoned 
the  following  named  persons  (here  state  the  names 
in  longhand)."  The  examination  of  these  tales- 
men is  conducted  the  same  as  above  described  re- 
specting jurors  drawn  from  the  regular  panel. 
If  it  appear  probable  that  a  larger  number  of 
talesmen  will  be  necessary  to  fill  the  jury  box, 
the  Court  generally  makes  an  order,  which  the 
clerk  enters  in  his  minutes,  to  the  effect  that 
the  sheriff  is  directed  to  summon  from  the  body 
of  the  county  a  given  number  of  persons  as  jurors. 
A  brief  statement  of  this  should  be  made  by  the 
stenographer  ;  and,  after  the  return  of  the  sheriff,  the 


//  Day  in  Court.  51 

record  may  be  as  follows,  written  of  course,  in  short- 
hand :  "The  following  persons,  summoned  as  jurors 
by  order  of  the  court,  were  then  sworn  and  exam- 
ined "  (here  insert  their  names).  The  proceed- 
ings upon  the  examination  of  these  being  the 
same  as  the  others,  the  record  will  be  continued 
is  before  ;  that  is,  as  respects  matters  of  form. 
In  criminal  cases  the  jurors,  besides  being  sworn  when 
first  called  in  the  full  panel,  are  sworn  in  each  crimi- 
nal case  tried,  and  this  should  be  noted. 

Having  finally  obtained  a  jury  in  the  case,  the 
stenographer,  if  he  use  loose  sheets  as  before  referred 
to,  binds  those  containing  the  examination  of  the 
jurors  together  in  some  convenient  form,  indorsing 
them  appropriately  with 

"  Book  No.  I. 

EXAMINATION  OF  JURORS." 

These  should  be  put  away  as  they  will  not  be 
needed  again  during  the  trial.  The  record  of  the 
remainder  of  the  proceedings  may  be  continued  on 
the  sheet  upon  which  the  report  of  the  case  was  be- 
gun, making  an  entry  in  parenthesis  "  for  examina- 
tion of  jurors,  see  Book  No.  I."  The  book  upon 
which  the  report  is  continued  w  ill  of  course  be  in- 
dorsed "  Rook  No.  II." 

The  next  step  in  the  trial  \x\\\y  be  a 

MOTION  TO  DISMISS  Til  10  ACTION 

upon  the  pleadings  -  the  meaning  of  the  last  term 
will  be  explained  hereafter  —  or  for  some  other  relief 


52  Practical  Court  Reporting. 

or  order.  Usually,  however,  no  motion  is  made  until 
after  the  plaintiff 

OPENS  THE  CASE 

to  the  court  and  jury.  In  New  York  State  the 
plaintiff  (unless  the  Court  rules  that  the  defendant 
has  the  affirmative)  always  opens  and  closes  to  the 

''Opening"  the  case  consists  in  a  brief  statement 
of  the  facts  and  circumstances  which  form  the  basis 
of  the  cause  of  action ;  the  reason  for  the  law- 
suit. It  is  not  necessary,  in  the  absence  of  a  special 
request  from  the  Court  or  counsel,  to  reduce  this  to 
writing.  It  frequently  happens,  however,  that  after 
the  opening  of  the  case,  the  defendant's  attorney 
moves  for  a  dismissal  of  the  complaint  upon  the 
pleadings,  and  the  opening  of  plaintiff's  attorney 
upon  grounds,  which  he  states,  usually  that  the 
plaintiff's  opening  shows  that  he  expects  to  prove 
certain  facts,  the  defendant  claiming  that,  assuming 
those  facts  to  exist,  the  plaintiff  has  no  cause  of  ac- 
tion. It  is  then  important  that  the  record  should 
show  just  what  the  counsel  stated  to  the  jury.  If 
the  stenographer  has  not  taken  it,  he  should  make 
known  that  fact  at  once,  and  usually  counsel  will 
agree  upon  a  statement  of  facts,  which,  of  course, 
should  be  entered  in  the  notes.  The  Court  then 
rules  upon  the  question  raised,  and  the  party  against 
whom  the  ruling  is  made  "  excepts  ;  "  that  is,  takes 
exception  to  the  ruling.  Both  ruling  and  exception 
should  be  entered.  Sometimes  before  the  opening 
of   counsel,    the    defendant's    counsel     "  claims  the 


A  Day  in  Court.  53 

affirmative."  This  is  quite  important  to  the  stenog- 
rapher, and  his  notes  should  show  fully  what  occurs 
without  slavishly  following  vcrbathn  ct  literatim^  the 
meanderings  of  counsel  through  a  verbal  wilderness. 

CLAIMING   THE   AFJ' IR.MA  IIVE 

may  be  briefly  stated  to  be  a  claim  by  the  defendant 
that  he  has  the  right  to  the  opening  and  closing  of 
the  case  to  the  jury;  that  the  allegations  of  the 
plaintiff's  complaint  are,  either  admitted,  or  not  de- 
nied (in  either  case  the  legal  effect  is  the  same)  by 
the  defendant's  answer,  and  that  the  answer  sets  up 
an  affirmative  defense,  a  counterclaim  or  a  set-off  to 
the  claim  of  the  plaintiff.  If  the  contention  of  the 
defendant  be  correct,  then  the  situation  of  the  matter 
is  like  this  :  That  there  is  nothing  for  the  plaintiff  to 
prove  until  the  defendant  has  offered  evidence  upon 
that  side  of  the  case  and  rested  ;  and,  if  the  defend- 
ant offer  no  proof,  the  plaintiff  is  entitled  to  judg- 
ment upon  the  pleadings.  The  Court  having  ruled 
with  the  defendant,  the  latter  has  the  opening 
and  closing,  and  consequcntl}-  proceeds  to  open  the 
case  to  the  jury.  The  nature  of  this  step  in  the  trial 
has  just  been  explained. 

THE    PLEADIXGS. 

The  term  "  pleadings,"  as  used  in  New  York  and 
other  States,  means  those  papers  in  a  case  which  de- 
fine and  limit  the  issue  between  the  parties.  Generally 
they  consist  of  the  conipjaint,  answer,  reply  and  oc- 
casionally a  bill  of  [1  irticulars,  the  latter  being  an 
amplification  of  the  first  two. 


54  Practical  Court  Reporting. 

THE   COMPLAINT. 

This  is  the  first  paper  served  by  the  plaintiff 
upon  the  defendant  which  apprises  the  latter  of 
the  nature  of  the  plaintiff's  demand,  the  cause  of 
action.  It  may  be  verified — that  is,  sworn  to  — 
or  not.  It  usually  closes  with  a  demand  for  judg- 
ment, or  a  prayer  for  relief,  upon  the  facts  therein 
set  forth.     To  this  the  defendant  may  serve,  an 

ANSWER. 
This  paper  either  admits  the  facts,  the  cause  of  action 
set  out  in  the  complaint,  and  sets  up  a  claim  or  de- 
mand against  the  plaintiff,  or  it  may  deny  the  whole 
or  a  part,  or  deny  a  portion  and  admit  the  balance 
of  the  complaint.  The  complaint  may  be  as  effect- 
ually admitted  by  the  silence  of  the  defendant  in  his 
answer  as  by  a  specific  admission.  The  answer  is  just 
what  its  name  signifies  :  Whatever  answer  the  de- 
fendant has  to  make  to  the  claim  of  the  plaintiff.  In 
addition  the  answer  may  set  forth  a 

COUNTERCLAIM    OR   SET-OFF. 

That  is,  it  may  ask  to  have  allowed  a  claim,  coun- 
ter to,  i.  e.,  against  that  of  the  plaintiff,  and  if  the 
amount  claimed  exceed  that  of  the  plaintiff's  claim, 
it  may  demand  judgment  against  the  plaintiff  for  the 
excess.  If  the  answer  contain  a  set-off — i.  e.,  set- 
ting off  one  claim  against  another  —  it  is  practically 
the  same  as  a  counterclaim,  except  that  no  judg- 
ment for  excess  can  be  given  a  defendant  who  pleads 
a  set-off.  When  the  answer  simply  denies  all  the 
claims  of  the  complaint,  it  is  termed  a  "  general  de- 


A  Day  in  Court.  55 

nial."  To  the  defendant's  answer  setting  up  new 
matter  in  tlie  form  of  a  counterclaim  or  setoff,  the 

plaintiff  may  serve  a 

Rp:rLV, 

which  contains  whatever  reply  the  plaintiff  desires 
to  make  to  the  defendant's  claim  and  demand  set 
forth  in  his  answer.  In  New  York  this  is  the  last 
pleading  served  in  the  case.  When  the  complaint 
does  not  specify  the  items  of  the  plaintift's  claim, 
the  defendant  sometimes  demands 

A  BILL  OF   PARTICULARS. 

This  is  merely  an  itemized  account  of  the  plain- 
tiff's claim.  Likewise,  the  plaintiff  may  demand 
such  a  bill  of  the  defendant's  counterclaim  or  set-off. 

At  any  stage  of  the  triiil,  a  motion  may  be  made 
by  either  plaintiff  or  defendant  to  amend  a  pleading 
by  changing  its  phraseology,  or  by  adding  to  it  alle- 
gations not  before  contained  in  it.  A  full  statement 
of  this  motion,  including  the  language  of  the  amend- 
ment, should  be  incorporated  in  the  stenographer's 
notes,  as  well  as  objections,  rulings  of  the  Court  and 
exceptions,  if  any  be  made  or  taken. 

Under  what  is  termed  the 

COMMON  LAW  PRACTICE, 
in  vogue  in  some  States,  but  now  substantial!}- 
abrogated  in  the  State  of  New  York,  the  complaint 
is  designated  the  declaration,  the  answer  is  called 
the  plea,  after  which  follow  the  replication  to  the 
plea,  the  rejoinder  to  the  replication,  the  rebutter 
to  the  rejoinder,  closing  with  the  surrebutter. 


CHAPTER  V. 

A  DAY  IN  COURT  (continued). 

The  trial  of  a  law-suit  may  be  likened  unto  the 
painting  of  a  picture,  or  the  production  of  a  play 
upon  the  stage.  It  has  its  central  figures,  its  fore- 
ground and  background,  its  lights  and  its  shades.  The 
principal  issues  —  the  questions  of  law  and  of  fact  — 
are  the  central  figures  in  the  foreground,  while  the 
collateral  issues  correspond  to  the  side  lights  and 
shadows.  As  the  latter  tend  to  give  effect  and  tone 
to  the  principal  subject,  so  do  the  collateral  issues 
cast  light  upon  the  main  questions  in  the  case. 
There  is,  however,  this  difference :  in  the  instance 
of  the  painting,  the  incidental  features  mentioned 
are,  from  an  artistic  point  of  view,  absolutely  neces- 
sary, and,  if  curtailed,  destroy  the  impression  sought 
by  the  artist  upon  the  beholder's  sight  and  taste ; 
while,  in  that  of  a  trial,  the  testimony,  bearing  upon 
the  collateral  issues,  may,  at  times,  be  clothed  in 
abbreviated  verbiage  without  lessening  the  integrity 
of  the  record. 

A  perfect  record  of  a  trial  will  not  contain  every 
word  uttered  by  the  participants.  That  would  be 
defective  work.  Such  a  report  might  be  made  by  a 
mere  shorthand-writer,  capable  of  writing  at  a  faster 
rate  of  speed  than,  so  far  as  known,  has  yet  been  at- 


A  Day  in   Court.  57 

tained  by  any  one,  save  the  recently  graduated  youth 
of  a  three-months'  course  "  college."  It  has  never  been 
accomplished  in  actual  practice.  It  can  be  done  by 
the  use  of  the  phonograph,  a  machine.  The  court 
reporter  must  be  anything  but  a  machine.  The 
ideal  record  of  a  trial  omits  much  mere  language 
used,  while  showing  every  step,  every  point  and  all 
the  proceedings,  fully  and  accurately.  It  is  a  true 
pen-photograph  of  what  occurs,  developed  from  the 
clouded  negative.  To  make  such  a  report  of  a  trial 
requires  a  high  order  of  skill  and  knowledge,  and 
much  experience. 

A  jury  having  been  obtained,  the  case  opened  and 
the  preliminary  motions  relative  to  the  pleadings 
disposed  of,  the 

EXAMINATION  OF  WITNESSES 
is  begun  by  the  plaintiff —  unless  the  affirmative  of 
the  issue  has  been  accorded  to  the  defendant,  in 
which  case  the  latter  opens  to  the  jury.  The  name 
of  the  witness  is  called,  and,  if  lie  respond,  he 
comes  forward  to  the  witnesses'  chair.  The  court 
crier  presents  to  him  the  Bible,  upon  which  the  wit- 
ness places  his  right  hand  and  the  former  drawls 
out  the  word  "  On  ! "  The  clerk  of  the  court 
administers  the  customary  oath,  the  crier  commands 
the  witness  to  "  kiss  the  Book,"  which  he  does,  and 
the  venerable  crier,  in  a  sonorous  voice,  in  a  long- 
drawn  syllable,  upon  which  he  lovingl)'  lingers  as  he 
imparts  to   it  a  strong   nasal   twang,   sings  out  the 

word 

"S-W-O-R-N  !" 


58  Practical  Court  Reporting. 

Some  persons  have  scruples   against  being  sworn 
by  "  kissing  the  gospels,"  and  are 

AFFIRMED 

instead.  This  ceremony  is  performed  by  the  sub- 
stitution of  the  word  "  affirm  "  for  the  word 
"swear"  in  the  oath,  which  is  administered  to  the 
witness,  who  stands  with  his  right  hand  uplifted. 

Sometimes  the  witness  is  unable  to  understand  or 
speak  English,  or  comprehends  and  speaks  it  so  im 
perfectly  that  the  assistance  of  an 

INTERPRETER 

has  to  be  obtained.  Interpreters  are  sworn  to  truth- 
fully interpret  between  the  court  and  jury  and  wit- 
ness the  testimony  given  by  the  latter.  The  stenog- 
rapher will  make  no  entries  in  his  minutes  of  these 
proceedings  except  the  name  of  the  witness,  written 
in  bold  longhand  characters,  and  if  he  be  plaintiff 
or  defendant,  that  word  in  shorthand  following  the 
name,  and  the  name  of  the  attorney  who  examines 
him  (see  page  39).  If  a  witness  other  than  the  plain- 
tiff or  defendant  be  sworn,  in  the  place  of  writing 
"plaintiff"  or  "  defendant  "  after  the  name,  enter  in 
shorthand  the  words  "for  plaintiff"  or  "for  de- 
fendant," as  the  fact  may  be.  If  an  interpreter 
be  sworn,  enter  his  name  in  longhand,  followed 
with  this  statement  in  shorthand,  "  sworn  in  the 
case  as  an  interpreter."  The  reason  of  writing  in 
longhand   the 

NAME    OF    THE    WITNESS 

is  to  make  it  conspicuous,  that  it  may  readily  be 
found  in  a  mass  of  "  hen-tracks."     It  may  be    laid 


A  Day  in  Court.  59 

down  as  a  general  rule,  worthy  of  close  adherence, 
that  the  first  time  a  name  occurs,  it  should  be  writ- 
ten in  longhand.  Thereafter  it  may  be  written  in 
shorthand  This  plan  will  serve  two  very  important 
purposes,  viz.  :  first,  to  leave  no  uncertainty  as  to 
the  name  used,  and  second,  to  aid  in  finding  quickly 
the  portions  of  testimony  in  which  it  occurs.  The 
context  is  entirely  unreliable,  in  almost  all  cases,  to 
correctly  read  a  name  written  in  shorthand.  Hav 
ing  indexed  the  name  of  the  witness,  and  the  page 
of  the  notes  upon  which  it  appears,  upon  the  "  tem- 
porary memorandum  "  sheet  (upon  which  the  names 
of  all  of  the  witnesses,  with  the  page,  for  the  purpose 
of  an  index,  should  likewise  appear)  the  stenographer 
is  ready  for 

THE    DIRECT     EXAMINATION    OR    EXAMINATION    IN 

CHIEF. 

The  object  of  this  examination  is  to  produce  testi- 
mony bearing  upon  some,  or  all,  of  the  allegations 
of  the  complaint  —  to  place  before  the  jury  the  facts. 
or  some  of  them,  which  constitute  the  elements  of  the 
plaintiff's  claim,  or  of  the  defendant's  denial  thereof 
'\\\*t  scope o{  the  examination  varies  in  different  cases. 
It  may  be  simply  to  prove  the  execution  of  a  promis- 
sory  note,  or  of  a  contract,  or  the  delivery  thereof, 
which  requires  not  more  than  a  dozen  questions  and 
answers  ;  or,  it  may  last  for  a  day,  and  consist  of  the 
rapid  detailing  of  conversations  with  the  defendant 
or  others  ;  the  statement  of  acts  and  occurrences,  or 
the  description  of  an  injury  to  the  plaintiff  by  the 
negligence  of  a  railroad  compan\'.  Usually  the  ex- 
amining attorney  begins  b)'  the 


6o  Practical  Court  Reporting. 

PRELIMINARY  QUESTION: 

Q.  Are  you  the  plaintiff?  following  it  with  inter- 
rogatories respecting  the  age,  place  of  residence, 
acquaintance  with  defendant  and  occupation  of  the 
witness.  Among  the  very  best  court  reporters  two 
methods  obtain  with  respect  to  making  up  the  record 
of  these  questions  and  answers.  The  majority  ot 
them  write  the  question  and  answer  in  full.  Others 
use  the 

NARRATIVE  FORM, 

which  consists  of  a  statement  of  the  proposition  as 
serted   by  the  question  and   answer.     To  illustrate-. 
Suppose   the   following  to  be  an  exact  transcript  oj 
what  occurs  : 

"  Q.  You  are  the  plaintiff?" 

"A.   I  am." 

"  Q.  What's  your  age  ?  " 

"  A.   I  am  23." 

"  Q.   Where  do  you  reside  ?  " 

"A.  In  New  York." 

"  Q.  What  is  your  business  ?  " 

"A.  Well,  Fm  not  doing  anything  just  now;  but 
I  have  been  engaged  in  practicing  law." 

"  Q.   You  know  the  defendant  ?  " 

"  A.  Yes,  sir  ;  to  my  sorrow." 

This  would  be  written  in  the  narrative  form  as  fol- 
lows :  "  I  am  the  plaintiff;  my  age  is  23  ;  I  reside 
in  New  York  ;  I  am  not  doing  (or  engaged)  in  any 
business,  but  I  have  been  engaged  in  practicing  law  ; 
I  know  the  defendant."  The  use  of  the  narrative 
form.,  in  the  instance  above  given,  turns  out  as  ac- 
curate a  report  of  the  proceedings,  as  far  as  illustrated 


A  Day  in  Court.  6i 

above,  as  the  question-aiid  answer  style.  The  state- 
ment of  every  fact  testified  to  by  the  witness  is  as 
faithfully  spread  upon  the  minutes  as  if  the  whole 
question  and  answer  had  been  written.  Exception 
may  be  taken  to  the  omission  of  the  words  "  to  my 
sorrow  "  in  the  last  answer.  They  are  intentionally 
and  properly  omitted,  being  irresponsive  to  the  ques- 
tion, and  immaterial  to  the  issue;  and,  if  objected 
to  upon  those  grounds,  in  connection  with  a  motion 
to  strike  them  out  for  that  reason,  would  be  stricken 
out  by  the  Court.  It  often  happens  that  such  a  vol- 
untary statement  will  be  appended  by  the  witness 
to  an  answer  that  fully  and  completely  replies  to  the 
inquiry  of  counsel  ;  the  opposing  counsel  moves  on 
the  grounds  stated  to  strike  it  out.  The  Court  turns 
to  the  stenographer  remarking  "  I  don't  suppose  the 
stenographer  took  it ;  if  he  did,  it  may  be  stricken 
out."  Generally,  when  the  objection  is  made,  the 
counsel  upon  whose  examination  the  irresponsive 
answer  occurred,  instantly  consents  to  strike  it  out. 
The  stenographer  will  save  his  nerve-force  and  re- 
lieve the  monotonous  tedium  o(  note-taking  by  omit- 
ting to  record  such  clearly  irresponsive  answers. 
Still,  judgment  and  discretion  must  be  exercised  in 
respect  to  this  matter.  It  may  happen  that  an  ir- 
responsive, voluntary  statement  tacked  to  an  answer 
by  a  witness  uf)in\  direct-examination  will  be  referred 
to  by  the  cross-examining  counsel,  and  a  number  of 
questions  may  be  based  on  it.  If  the  voluntary 
statement  is  as  irresponsive  as  that  instanced  above, 
the  stenographer  cannot  properly  be  criticised  or 
censured  for  omitting  it.     It  is  unhesitatingly  stated, 


62  Practical  Court  Reporting, 

that  it  is  unnecessary  to  use  the  question-and-answer 
method  in  reporting  these  preHminary  questions. 
It  may  at  the  option  of  the  stenographer  be  used. 
It  is  not  necessary,  for  the  reasons  above  given,  and 
for  the  additional  reason  that  it  lessens  the  expense 
of  transcripts,  especially  in  long  cases,  and,  at  times, 
cuts  down  printers'  charges  for  printing  the  case  for 
use  upon  appeal. 

The  narrative  form  is  used  by  some  first-class  court 
reporters  in  taking  parts  of  testimony  relating  to 
collateral  and  incidental  issues.  One  instance  of  this 
will  suffice  to  illustrate  its  application.  The  char- 
acter of  a  witness  may  be  impeached  by  the  testimony 
of  witnesses  that  his  reputation,  in  the  communit}' 
wherein  he  resides,  for  truth  and  veracity,  is  bad. 
This  testimony  may  be  rebutted,  by  the  party  calling 
the  witness  whose  character  is  attacked,  by  the  testi- 
mony of  other  witnesses  to  the  effect  that  the  character 
of  the  witness  in  this  respect  is  good.  When  both 
plaintiff  and  defendant  have  introduced  testimony 
upon  this  subject  it  raises  a  question  of  fact  for  the 
jury  to  pass  upon.  It  is  a  collateral  or  incidental  is- 
sue, to  the  main  or  principal  issues  in  the  case.  The 
most  of  this  testimony  is  sometimes  taken  by  some 
stenographers  in  narrative  form.  Extended  use  of 
the  narrative  form  is  unadvisable  ;  its  judicious  use  is 
to  be  commended,  and  in  justice  to  the  pocket-books 
of  litigants,  ought  to  be  resorted  to  whenever  practi- 
cable without  impairment  of  the  record.  It  demands 
on  the  part  of  the  stenographer  close  and  intelligent 
attention  to  the  subject-matter  reported,  and  the 
ability  to  at  least  "  carry  "  a  question   and   answer. 


A  Day  in   Court.  63 

It  is  more  feasible  with  a  witness  who  speaks  deUber- 
ately  and  ^grammatically  than  with  one  who  is  jerky 
and  ungrammatical  of  speech.  Incidentally  it  may 
be   stated,  that 

THK  RAPID  Wn.NESS, 

who  clothes  his  ideas  in  grammatical  language  dis- 
tinctly uttered,  is  more  easily  reported  than  he  who 
speaks  moderately  fast,  but  interjects  such  words  as 
"  he  says,  says  he,  "  speaks  a  part  of  a  sentence, 
changes  it,  "  goes  ahead  and  backs  up  "  and  jumbles 
words,  sentences  and  parts  of  sentences  in  intricate 
confusion.  Let  the  utterance  of  the  last  witness  be 
indistinct  or  let  him  talk  rapidly,  and  he  will  cause  a 
stenographer  a  great  deal  of  trouble.  Heroic  meas- 
ures must  then  be  resorted  to.  Insist  upon  a  witness 
repeating  answers  that  are  jumbled  and  indistinct, 
letting  him  understand,  if  possible,  the  reason  for 
the  repetition.  He  will  then  usually  make  an  effort 
to  do  better. 

While  alluding  to  the  rapid  witness,  some  sugges- 
tions may  be  given  to  a  young  stenographer  which 
will  aid  him,  as  well  as  his  more  experienced  brother, 
in  innocently  stopping  such  a  witness  in  a  rambling 
statement  of  a  conversation  or  of  facts  and  occur- 
rences. If  he  be  hard  pressed  by  the  volubility  of 
the  witness,  let  the  stenographer  ask  him  to  repeat 
names  of  persons  and  places,  of  dates,  amounts, 
gestures  and  anything  in  fact  that,  to  the  observer, 
would  appear  to  be  a  natural  repetition.  This  sug- 
gestion has  never  been  patented.  Resort  to  this 
"  trick  of  the  trade  "  can  be  justified  by  precedent. 
Frequently    in    conversation,    in    slow    dictation    of 


64  Practical  Court  Reporting. 

matter  taken    in    longhand,    in    the    comparison    of 

papers,  and  in  many  other  instances  that  will  readily 

occur  to  the  reader,  the  person  speaking  or  reading 

is  asked  to  repeat  figures,  dates,  amounts  and  names 

of  places  and  persons.      It  is  done   usually   to  verify 

the  listener's  understanding    of  the   language  used, 

and  why  should  not  the  stenographer  have  the  same 

opportunity?     Some  may  say,  that,  upon   the  same 

principle,  the  entire  testimony  of  the  witness  should 

be  repeated.     Not  so.     The  context   may  be  relied 

upon  to  verify  many  matters,  but,  as  before  remarked, 

it  is   unreliable  as   respects    names,    dates,    amounts 

and  gestures.      Very  often  a  question  is   put   to   the 

witness  upon  which  the  opposing  attorney  addresses 

the  Court  with 

"  I  OBJECT." 

The  attorney  conducting  the  examination,  knowing, 
it  may  be,  that  the  question  is  improper,  asks  an- 
other question  before  the  Court  can  rule  upon  the 
one  preceding.  The  opposing  counsel  not  objecting 
to  the  last  question,  the  witness  answers  it.  The 
first  question,  under  those  circumstances,  is  deemed 
to  have  been  waived  by  the  attorney  who  asked  it. 
It  is  surplusage  and  may  be  stricken  out  by  running 
the  pen  through  it  —  unless  it  be  desired  to  "  pad  " 
the  transcript.  But,  suppose  the  first  question  be 
amended  by  inserting  or  adding  a  modifying  clause 
to  the  question,  and  the  objecting  counsel  waives 
his  objection  to  the  amended  question.  The  sten- 
ographer merely  strikes  out  the  objection  as  taken, 
or  v,rrites  "  objection  waived."  If,  however,  no  ob- 
jection  he   made  to   the   first  question,  and,  as  fre- 


A  Day  in   Court.  65 

quently  occurs,  counsel  repeats  it  two  or  three 
times,  and  the  proposition  of  the  original  question 
remains  the  same  in  its  repeated  forms,  but  clothed 
in  different  verbiage,  it  is  unnecessary  to  re-write 
the  question  in  its  repeated  form.  If,  as  occasion 
ally  occurs,  counsel  desire  to  repeat  to  several  wit- 
nesses a  question  put  to  some  other  witness,  an  entry 
should  be  made  in  the  notes  referring  with  absolute 
certainty  to  the  question  repeated.  This  can  be 
done  by  stating  the  page  of  the  notes  on  which  the 
question  to  be  repeated  is  written,  and  writing  the 
opening  and  closing  words  of  it,  adding  in  short- 
hand, the  statement,  "question  repeated."  The 
remaining  words  may  be  inserted  when  opportunity 
occurs,  or  at  the  time  of  making  the  transcript. 
When  a  witness  has  partly  answered  a  question,  and 
refuses  to  complete  the  answer,  or  if,  for  any  reason, 
the  answer  remain  incomplete,  and  the  examining 
attorney  repeats  tiie  question,  make  this  entry  in 
shorthand  :  "  last  preceding  question  repeated  ;  "  or 
if  it  be  the  first,  second  or  third  question  preceding 
the  last  that  is  repeated,  state  it  in  that  way.  The 
point  sought  to  be  made  clear  to  the  reader  is  this  : 
prevent,  as  much  as  possible,  the  labor  of  writing 
and  make  the  reference  to  the  question  repeated  so 
definite  that  no  doubt  can  afterward  arise  as  to 
which  question  was  repeated.  The  stenographer 
must  constantly  bear  in  mind  that  his  labor  is  a  con- 
tinual drain  upon  his  vital  force  and  energy  ;  that 
the  nervous  system  may  be  taxed  to  its  utmost  ca- 
pacity without  interruption  for  hours,  and  his  mental 
faculties  be  strained  to  the  verge  of  exhaustion. 
These  little  "  waits  "  attendant  upon  repeated  ques- 


66  Practical  Court  Reporting. 

tions  in  a  rapid  and  intricate  examination  will  give 
him  momentary  relief;  and  with  the  expedient  of 
using  the  "  narrative  form  "  at  times,  the  repetition 
of  names,  dates,  etc.,  by  the  witness,  and  digesting, 
instead  of  reporting,  arguments  and  objections  (when 
the  grounds  of  the  latter  are  not  specifically  stated) 
will  enable  him  to  undergo  the  nerve  and  brain  ex- 
hausting character  of  his  work.  These  labor  saving 
devices,  inconsiderable  when  regarded  separately, 
yet  in  the  aggregate  of  a  day's  work,  make  a  grand 
total  that  deserves  the  consideration  of  every  sten- 
ographer who  has  regard  for  his  mental  and  physical 
welfare.  They  are  to  the  stenographer  what  the 
oases  of  the  desert  are  to  the  weary  traveller —  re- 
freshing and  recuperative. 

The  examination  of  a  witness  by  counsel  may  be 
interrupted  by  one  or  more 

QUESTIONS  BY  THE  COURT. 
These  and  the  answers  made  to  them  by  the  witness 
must  be  taken,  the  first  question  being  introduced  by 
the  words  (written  in  shorthand  on  the  line  above  the 
question,  and  over  the  first  part  of  it)  "  By  the  Court." 
The  Court  having  asked  such  questions  as  desired, 
the  counsel  continues  his  interrogatories  to  the  wit- 
ness. The  first  of  these  should  be  prefaced  by  the 
words  in  shorthand,  "  By  counsel,"  to  distinguish 
them  from  those  asked  by  the  Court.  It  is  unneces. 
sary  to  write  the  attorney's  name,  that  having  ap- 
peared below  the  name  of  the  witness  when  the  ex- 
amination began,  and  it  will  be  understood  that  the 
same  counsel  continues  the  examination.  If,  how 
ever,  a  different  counsel,  but  upon  the  same  side  of 


A  Day  in  Court.  67 

the  case  as  the  first,  continue  the  examination,  enter 
the  words  in  sliorthand  before  the  first  question  "  By 
Mr.  Jones"  and  continue  the  record  as  before.  Oc- 
casionally 

QUESTIONS   BY   JURORS 

are  put  to  witnesses.  These  should  be  treated  in  the 
same  manner  as  questions  by  the  Court,  substituting 
the  words  "  By  a  Juror  "  for  "  By  the  Court,"  written 
in  the  same  manner  and  in  the  same  place  as  sug- 
gested for  the  latter.  If  a  question  by  one  juror  give 
sufficient  assurance  to  another  to  ask  a  question, 
write  the  words  "  By  another  Juror"  in  the  same 
manner  and  in  the  same  place  specified  for  the  last 
entry.  The  form  of  the  last  entry  may  be  used  if 
several  jurors  ask  questions.  During  the  examina- 
tion of  a  witness  by  the  Court  or  jurors,  the  opposing 
counsel  sometimes  interjects  one  or  more  questions 
to  the  witness,  which  the  latter  answers.  These 
should  be  taken,  indicating  in  the  same  manner  and 
place  as  above  stated,  by  an  appropriate  entry,  the 
name  of  the  counsel  interjecting  the  question.  The 
main  examination  being  continued  after  these  inter- 
rupting questions  by  the  Court.  jur\-  or  counsel, 
write  the  name  of  the  counsel  conducting  it  before^ 
and  on  the  line  above,  the  first  question  of  the  con 
tinned  examination.  Questions  by  the  Court,  b\- 
jurors  and  by  opposing  counsel  are  subject  to  ob- 
jection, and  the  instructions  hereafter  given  in  this 
chapter  respecting  objections,  offers  to  prove,  rul- 
ings, holdings,  remarks  and  exceptions  apply  to 
these  three  classes  of  questions. 


68  Practii-al  Court  Reporting, 

Among  the  difficulties  which  the  stenographer  will 
encounter  are 

GESTURES   OF   WITNESSES. 

In  response  to  a  question,  a  witness  to  an  assault 
upon  the  plaintiff  by  the  defendant,  may  put  his  hand 
to  his  head,  and  not  utter  one  word.  If  the  stenog- 
rapher can  write  and,  at  the  same  time,  temporarily 
watch  the  witness  (which  can  be  easily  learned  by 
practice)  he  will  have  no  difficulty  —  provided  he 
can  plainly  see  to  what  part  of  his  anatomy  the  wit- 
ness points  —  in  describing  the  gesture.  Assuming 
that  the  stenographer  can  do  this,  the  answer  to  the 
question  will  be  a  statement  in  the  record  of  the 
fact,  (in  parenthesis)  that  the  "witness  points  —  or 
pointed  —  to  the  left  ear,"  or  "to  the  forehead  im- 
mediately over  the  left  eye,"  or  "  to  the  calf  of  his 
right  leg  just  below  the  knee  on  the  inside  (or)  out- 
side." The  witness  may  use  the  word  "  there  "  or 
"here"  in  indicating  the  spot.  In  either  case,  the 
word  used  should  be  taken,  and  the  memorandum, 
just  referred  to,  be  written,  following  such  word  on 
the  same  line  in  parenthesis.  The  stenographer  in 
a  rapid  examination  will  have  to  be  a  quick  thinker 
and  observer  to  surmount  this  difficulty.  If  he  can- 
not "  get  "  it,  let  him  not  hesitate  to  "  throw  the  ink- 
bottle"  at  the  enemy  —  stop  the  witness  and  have 
him  point  out  once  —  yes,  twice  or  three  times,  if 
necessary  —  the  exact  spot  referred  to.  It  is  very 
ludicrous  to  watch  the  maneuverings  of  some  wit- 
nesses when  asked  by  the  stenographer  to  again  in- 
dicate the  part  of  the  person  to  which  he  has  pointed. 
Having  first  touched  the  right  ear,  on  the  second  at- 


A  Day  in  Court,  69 

tempt  he  prefaces  the  act  of  pointing  with  :  "  Well, 
now,  I  dunno,  mebbe  'twas  t'other  car."  He  then 
puts  the  tip  of  his  index  finger  on  the  ''precise" 
place  ;  having  done  which  he  shifts  uneasily  in  his 
chair,  studies  the  ceiling  for  an  instant,  when  a  look 
of  serene  satisfaction  steals  over  his  face  as  he  ad- 
dresses the  amused  knight  of  the  quill  with,  "  I'll  be 
hanged,  mister,  if  'twant  t'other  arter  all."  The  risi- 
bilities of  the  hangers-on  of  the  court-room  having 
returned  to  their  normal  condition,  the  witness  is 
asked  to  state  which  way  the  defendant  went  after 
striking  the  plaintiff  He  replies  "Well,  I  dunno. 
What's  the  name  o'  the  street  —  I  aint  much  used 
to  bein'  here,  but  supposin'  this  to  be  the  corner,  he 
went  off  that  way."  The  only  treatment  for  an 
answer  of  this  kind  is  to  specify  as  nearly  as  possible 
the  part  of  the  object  which  the  witness  indicates 
as  the  corner,  stating  the  fact  in  parenthesis  in  the 
answer  after  the  word  "  this."  For  instance,  if  he 
point  to  the  corner  of  the  judge's  bench,  the  counsel 
table  or  the  clerk's  desk,  it  may  be  stated  in  the  case 
of  the  former  in  this  wise  :  (pointing  to  the  corner  of 
the  judge's  bench).  After  the  word  "  that  "  state  in 
parenthesis  the  direction  indicated  by  the  witness  as 
having  been  taken  by  the  defendant  as  correctly  as 
possible,  in  this  manner :  "(pointing  to  the  right  or 
left)."  The  last  class  of  parenthetical  statements 
are  of  little  value  for  future  reference  because  of 
being  very  indefinite,  while  the  first  class  point  with 
unerring  certainty  to  some  object  which  may  be 
afterward  identified. 


70  Practical  Court  Reporting. 

OBJECTIONS   AND    EXCEPTIONS 

are  of  grave  importance  to  the  stenographer.  The 
office  of  the  former  when  made  to  a  question  is  to 
bring  to  the  attention  of  the  Court  the  reasons  of  the 
attorney  making  it  that  the  question  propounded  to 
the  witness  should  not  be  answered.  Sometimes  an 
objection  may  go  to  the  competency  of  the  witness, 
and  not  to  the  question.  That  is,  the  question  is 
proper,  but  the  witness  for  reasons  stated  is  incom- 
petent to  testify  upon  the  subject  embraced  within 
the  question.  An  objection  may  also  be  made  to 
papers  offered  in  evidence.  In  fact,  objections  strew 
the  pathway  of  the  court  reporter  at  every  step  in  a 
judicial  investigation. 

For  the  purposes  of  this  book,  these  will  be  classi- 
fied into 

REGULAR   AND    IRREGULAR   OBJECTIONS. 

It  must,  however,  be  understood  that  the  terms 
used  in  this  classification  have  no  legal  import.  A 
regular  objection  is  one  in  which  the  grounds  of 
objection  are  formally  stated  by  the  objecting  attor- 
ney. It  has  a  beginning  and  an  ending,  clearly 
defined,  and  its  grounds  are  very  often  numbered  as 
first,  second,  third,  etc.  With  such  objections,  no 
difficulty  will  be  encountered.  The  attorney  making 
it  usually  prefaces  it  with  :  "  I  object  to  the  answer 
as  —  "  or  "  If  your  honor  please,  I  object  to  the  ques- 
tion as —  "supplementing  this  statement  with  the 
grounds  of  objection.  In  some  States  there  are  sev- 
eral grounds  of  objection  used,  beginning  with  the 
letter  "  I,"  which  no  doubt  the  reader  has  frequently 


A  Day  in  Court.  7  i 

heard  stated  during  the  course  of  a  trial.  These  are 
"  immaterial,  irrelevant,  incompetent,  improper,  ille- 
gal and  indefinite."  When  an  attorney  repeatedly 
urges  these  stereotyped  objections,  he  is,  in  the  lan- 
guage of  lawyers,  "  getting  in  all  the"  i's."  Objections, 
and  arguments  based  upon  them,  arc  the  delight  and 
joy  of  the  tired  scribe.  Having  photographed  the 
lingual  gymnastics  of  a  glib  lawyer  through  the 
mazes  and  intricacies  of  a  long  cross  examination  of 
a  voluble  witness,  suddenly  the  opposing  counsel 
deftly  throws  the  lasso  of  a  long  ten-ground  objec- 
tion about  the  throat  of  his  opponent,  and  the 
stenographer,  chuckling  with  fiendish  glee,  coolly  set- 
tles back  in  his  seat  and  watches  the  wordy  contest 
of  the  combatants.  A  laughable  incident  once 
occurred  in  the  trial  of  a  case  before  a  justice  of  the 
peace  in  one  of  the  counties  of  New  York.  The 
justice  was  old  and  rheumatic,  and  had  impressed 
into  his  service,  as  clerk,  a  young  man,  distinguished 
in  the  "  deestrick  "  as  a  ready  writer.  One  of  the 
attorneys,  noted  in  his  neighborhood  as  the  cham- 
pion objector,  had  been  unusually  prolific  in  objec- 
tions in  the  case  on  trial,  having  several  times,  with 
cool  and  systematic  persistency,  exhausted  all  the 
"  i's."  Beginning  a  new  objection,  and  having  again 
travelled  by  easy  stages  through  all  the  "  i's,"  he 
was  about  to  embark  on  "sixthly,"  when  the  vener- 
able dispenser  of  justice,  rising  upon  his  uncertain 
and  tottering  legs,  with  one  eye  on  the  objecting 
attorney,  leaned  over  to  the  clerk,  and  in  an  audible 
whisper,  said,  "  Charley,  when  he  gets  through,  you 
put  down  objection  overruled;   I'm  going  out  to  get 


72  Practical  Court  Reporting. 

a  little  fresh  air,"  and  disappeared  through  the  door- 
way, leaving  the  dumbfounded  attorney  to  the  un- 
sympathetic jeers  of  the  country  bumpkins  who  were 
watching  the  trial. 

IRREGULAR  OBJECTIONS 
require  irregular  treatment.  Sometimes  they  admit 
of  digesting,  i.  e.,  stating  succinctly  the  points  made 
by  an  objecting  attorney  in  a  rambling  argument. 
At  other  times  the  only  safe  method  to  pursue  is 
to  report  verbatim  the  argument  of  the  objector. 
A  knowledge  of  the  habit  of  counsel  with  respect  to 
clearness  of  statement  of  propositions  will  enable  one 
to  determine  whether  to  digest  or  report  in  full  the 
argument.  Some  attorneys  desiring  to  object  to  a 
question  as  "  immaterial  "  will  talk  for  ten  minutes 
and  perhaps  not  make  use  of  that  word  ;  yet,  if  the 
stenographer  comprehend  the  question  before  the 
Court  and  the  argument  of  counsel,  he  can  confidently 
enter  in  his  minutes  "  Objected  to  as  immaterial  " 
knowing  that  such  entry  truthfully  presents  the  ob- 
jection made.  Sometimes  it  is  well  to  supplement 
the  objection  with  the  words  "  counsel  insisting," 
then  adding  in  condensed  language  the  reasons  given 
by  the  attorney  that  he  regards  the  question  as  im- 
material. Other  attorneys,  more  logical  of  thought 
and  precise  in  statement,  will  object  in  a  manner 
similar  to  this:  "If  your  honor  please,  I  desire  to 
object  to  the  last  question  put  to  the  witness  by  the 
plaintiff's  attorney  upon  the  following  grounds  :  Now 
it  appears,  if  your  honor  please,  that  this  question 
calls  upon  the  witness  to  perform  a  mental  operation 
as  to  certain  facts  and  asks  him  to  give  a  conclusion 


A  Day  in  Court.  73 

based  upon  those  facts.  This  question  is  incompe- 
tent and  improper  for  that  reason.  The  question  is 
also  improper  for  the  reason  that  it  does  not  state 
the  time  and  place  of  the  occurrences  therein  specified 
and  is  indefinite  and  uncertain.  And,  <renerally,  1 
object  to  the  question  as  immaterial  and  irrelevant, 
incompetent  and  improper,  illc<^al  and  indefinite." 
This  objection  might  be  digested,  and  should  be 
written  in  shorthand,  as  follows: 

"  Objected  to  as  incompetent  and  improper,  call- 
ing for  the  operation  of  the  witness's  mind,  and  call- 
ing for  a  conclusion.  Also  that  the  question  is 
improper,  because  it  fixes  neither  the  time  nor  place 
of  the  occurrences  specified  in  it,  it  being  indefinite 
and  uncertain.  And,  generally,  as  immaterial,  ir 
relevant,  incompetent,  improper,  illegal  and  inde- 
finite." 

Having  made  a  "  regular"  objection,  an  attorney 
will  sometimes,  during  the  argument  ensuing  upon 
it,  urge  upon  the  Court  grounds  of  objections  in  ad- 
dition to  those  already  stated.  He  m:iy  intimate  to 
the  stenographer  that  he  desires  such  additional 
grounds  added  to  the  objection  already  stated  ;  or 
he  may  not.  In  the  former  case,  the  reporter  adds 
the  grounds  to  the  objections  already  made  con- 
tinuing the  sub  divisional  numbers.  In  the  latter 
case  the  additional  grounds  ought  to  appear,  as  the 
Court  may  sustain  the  objection  on  those  grounds, 
without  formally  stating  it  in  the  ruling.  Such  ad- 
ditional grounds  of  objection  should  be  digested  as 
above  stated  and  added  to  those  already  written. 

A  custom,  very  much  in  vogue  in   stating  objec- 


74  Practical  Court  Reporting. 

tions,  is,  to  make  the  same  objection  as  before  stated 
to  similar  testimony.  For  instance,  suppose  a  long 
objection  be  made  to  a  question.  The  Court  rules 
that  the  question  is  proper  and  permits  the  wit- 
ness to  answer.  Several  questions,  relating  to  the 
same  subject-matter  as  that  to  which  the  objec- 
tion is  made,  follow,  to  each  of  which  the  objecting 
counsel  interposes  this  objection  :  "  Objected  to  on 
the  same  grounds  stated  in  preceding  questions  re- 
lating to  the  same  subject,"  or  "same  objection  as 
before."  The  stenographer  makes  this  entry  in  his 
notes:  "Same  objection  as  made  to  similar  preced- 
ing questions  put  to  this  witness  ;  "  or  "  objected  to 
same  as  before."  If  objections  made  to  questions 
asked  a  different  witness  are  desired  to  be  repeated, 
the  entry  in  the  notes  will  be :  "  Same  objection  as 
made  to  similar  questions  asked  the  witness  (here 
insert  the  name  of  witness.")  As  the  reference  to  a 
repeated  question  must  be  certain  and  specific,  so 
must  it  be  with  repeated  objections.  No  uncer- 
tainty should  exist  respecting  the  objection  desired 
to  be  repeated. 

Upon  an  objection  being  made  to  a  question,  the 
questioning  attorney  is  sometimes  called  upon  by 
the  Court  to  state  the  facts  which  he  expects  to 
prove  by  the  witness,  in  order  that  the  Court,  after 
hearing  such  statement,  may  rule  intelligently  upon 
the  objection.  This  may  be  necessary  because  noth- 
ing may  have  appeared  in  the  case  to  show  that  the 
testimony  called  for  by  the  question  is  competent. 
This  is  called  either  an  "  offer  to  prove  "  or  an  "  offer 
to  show."     The   facts  stated  by  the   attorney  in   re- 


A  Day  in  Court.  75 

ply  to  the  court  should  be  recorded,  prefaced  b)-  the 
words  "  Plffs  (or  Deft's)  counsel  offered  to  prove," 
or  "  offered  to  show."  Very  often  these  offers  are 
made  after  the  Court  has  ruled  upon  the  objection. 
In  that  case  the  opposing  counsel  may  object  to  the 
offer.  Some  attorneys  seldom  object  to  an  "  offer 
to  prove,"  claiming  that  it  is  not  the  subject  of  a 
ruling;  and  likewise  some  judges  refuse  to  rule  on 
such  offers.  In  some  States  it  has  been  decided 
that  an  offer  to  prove  presents  no  proposition  to 
the  Court  for  a  ruling.  If  objection  be  made  to 
such  offer  and  the  Court  rule  upon  it,  it  should  be 
taken. 

Regular  and  irregular  objections  may  be  inter- 
posed to  all  kinds  of  testimony,  ranging  from  a  deed 
to  a  burglar's  "jimmie."  In  fact,  papers,  letters, 
maps,  photographs,  written  instruments  of  all  de- 
scription and  all  kinds  of  tools,  and  implements, 
may  be  offered  in  evidence,  and  are  fruitful  causes 
of  objections.  These  are  called  "exhibits,"  and  will 
be  treated  at  length  hereafter. 

As  has  been  stated,  the  question  and  objection 
raise  an  issue  of  law,  the  decision  of  which  rests 
entirely  with  the  Court.     That  decision  is  termed 

"THE  RULING." 
It  is  generally  stated  by  the  Court  in  one  of  the  fol- 
lowing forms  :  "  I  sustain  (or  overrule)  the  objection;  " 
or  "sustained"  or  ''overruled"  or  "the  witness 
may  answer ;  "  or  "  I  will  permit  the  witness  to  answer 
the  question  ;  "  or,  "  I  will  allow  the  question."  The 
objection  being  sustained,  the  witness  cannot  answer, 
and,  of  course,  the  ruling  is  adverse  to  the  attorne)- 


76  Practical  Court  Reportifig. 

asking  the  question.  If  the  Court  overrule  the  ob- 
jection, the  ruHng  is  against  the  counsel  who  makes 
the  objection,  and  the  result  is  to  allow  the  witness  to 
answer.  No  matter  in  what  form  or  language  the 
Court  announces  its  ruling,  if  the  effect  be  to  permit 
the  witness  to  answer,  the  objection  is  overruled  ;  if  it 
be  to  prohibit  the  witness  answering,  the  objection  is 
sustained.  The  ruling  entered  in  the  notes  need  not 
be  in  the  precise  language  used  by  the  Court.  If 
the  Court  sustain  or  overrule  the  objection  without 
adding  any  remarks  of  qualification  or  modification, 
the  stenographer  will  note  "  objection  overruled,"  or 
"sustained,"  as  the  case  may  be.  If,  however,  the 
Court,  after  or  before  formally  announcing  its  ruling, 
make  what  is  termed  a 

"  HOLDING    BV   THE    COURT," 

that  should  be  reported  verbatim,  especially  if  in- 
tended to  be  a  formal  statement  of  such  holding. 
Sometimes  certain  propositions  are  stated  to  be 
"held"  by  the  Court  in  informal  language.  If  the 
stenographer  fully  comprehend  the  question  before 
the  Court,  and  have  the  aptitude  to  "  catch  "  and 
state  in  concise  language  such  holding,  he  may  clothe 
it  in  his  own  verbiage,  prefacing  it  by  the  words 
"  The  Court  held  that  "  etc.,  etc.  Great  caution  is 
necessary  in  recording  holdings  by  the  Court.  Judges 
are  subject  to  the  same  infirmities  that  characterize 
the  rest  of  humanity,  and  in  announcing  rulings 
may  unnecessarily  repeat  words  or  clauses,  or  use 
inapt  words  to  properly  express  the  proposition  held. 
The  mechanical,  the  "  blind,"  stenographer  relig. 
iously  puts    down   in   black   and   white   every  word 


A  Day  in  Court.  77 

Uttered  regardless  of  precision  of  statement.  At 
this  stage  of  the  proceedings  there  is  usually  an 
abundance  of  time  to  carefully  condense  and  "edit" 
the  remarks  or  ruling  of  the  Court ;  and,  if  these 
are  the  proper  subjects  of  condensation  and  digest- 
ing, as  before  explained,  it  should  be  done.  If  it 
can  be  done  in  no  other  way,  report  the  ruling  or 
remarks  in  full,  leaving  a  sufficient  space  below  to 
rewrite  them,  at  the  first  leisure  moment,  in  con- 
densed form.  To  do  this,  however,  can  be  justified 
upon  but  one  ground,  viz.  :  a  desire  to  cut  down  the 
cost  of  transcript ;  but  this  desire  must  never  prevail 
at  the  expense  of  sacrificing  the  accuracy  of  the 
record. 

The  words  "  remarks  of  the  Court  "  are  intended 
to  embrace  informal  remarks  made  by  the  Court 
which  do  not  come  up  to  the  dignity  of  a  formal 
holding  or  ruling,  but  which,  in  the  judgment  of 
the  stenographer,  may  tend  to  "  shade,"  or  possibly 
qualify,  the  ruling  or  holding.  These  "  remarks  " 
may  be  convcnientl)'  introduced  by  the  words 
"The  Court  remarking,"  following  the  words,  "ob- 
jection overruled  "  or  "  sustained."  Again,  the  Court 
may  ask  the  attorney  who  propounds  a  question 
to  a  witness  to  which  objection  has  been  made, 
whether  he  proposes  to  prove  certain  facts.  Such 
inquiries  and  the  response  of  counsel  thereto  should 
either  be  taken  in  question-and-answer  form,  or  in 
the  narrative  form.  If  the  latter  method  be  adopted, 
it  may  be  as  follows:  ''  Plaintiff's  (or  Defendant's) 
counsel,  in  response  to  the  inquiry  of  the  Court, 
stated  that  he  proposed  to  show  hereafter  that  "  etc.. 


78  Practical  Court  Reporting. 

etc.  If  the  Court  overrule  the  objection  after  such  a 
statement  of  proof  to  be  made  afterward,  it  will 
generally  be  in  this  language:  "  I  overrule  the  ob- 
jection "  or  "  I  receive  the  evidence,  subject  to  the 
motion  to  strike  it  out  if  it  is  not  hereafter  con- 
nected," stating  the  proof  to  be  thereafter  given. 
This  qualification  should  always  be  taken.  The 
record  under  such  circumstances  may  be  made  as 
follows:  "Objection  overruled  and  the  testimony 
received  subject  to  a  motion  to  strike  it  out  if  the 
plaintiff  (or  defendant)  does  not  connect  it,"  describ- 
ing, of  course,  the  proof  or  testimony  proposed  to  be 
introduced  later  in  the  trial.  It  is  impossible  to  specify 
every  phase  in  which  these  matters  may  be  presented, 
or  to  suggest  suitable  forms  in  which  each,  as  it 
arises,  may  be  recorded.  The  Court  having  ruled 
upon  an  objection,  the  attorney  against  whom  the 
ruling  is  made, 

"TAKES    AN    exception" 

to  such  ruling.  "  Taking  an  exception  "  is,  doubt- 
less, the  most  exaggerated  of  all  instances  of  the 
technical  character  of  legal  proceedings.  Blackstone 
in  his  Commentaries  (Vol.  3,  marginal  paging  372) 
treats  of  the  exception  in  this  language  :  "  And  all 
this  evidence  is  to  be  given  in  open  court,  in  the 
presence  of  the  parties,  their  attorneys,  the  counsel 
and  all  by-standers,  and  before  the  judge  and  jury: 
each  party  having  liberty  to  accept  to  its  compe- 
tency, which  acceptions  are  publicly  stated,  and  by 
the  judge  are  openly  and  publicly  allowed  or  dis- 
allowed, in  the  face  of  the  country:  which  must  curb 


A  Day  in  Court.  79 

any  secret  bias  or  partiality  that  inight  arise  in  his 
own  breast.  And  if,  citlicr  in  liis  directions  or  de- 
cisions, he  mistakes  the  law  by  ignorance,  inadvert- 
ence or  design,  the  counsel  of  either  side  may  require 
him  publicly  to  seal  a  bill  0/ exceptions ;  stating  tiie 
point  wherein  he  is  supposed  to  err  "  -  ■•'■.  iTiis 
bill  of  exceptions  is  in  the  nature  of  an  a[)peal ;  ex- 
aminable, not  in  the  court  out  of  which  the  record 
issues  for  the  trial,  -5^  *  *  Ijut  in  the  next  imme- 
diate superior  court,  *  *  -  '^  *  after  judg- 
ment given  in  the  court  below."  The  original 
reason  for  exceptions  has  long  ceased  to  exist.  In 
some  States  the  custom  of  "  sealing  "  exceptions  still 
continues.  In  New  York  this  has  been  abolished. 
It  would  appear  sufficient  for  every  purpose  of  re- 
viewing the  rulings  of  a  court  upon  objections,  that 
the  objection  and  ruling  appear  upon  the  record, 
without  driving  the  attorney  against  whom  the  rul- 
ing is  made  to  the  formality  of  an  exception.  In  the 
State  of  New  York  "  the  absence  of  an  exception 
will  be  fatal  to  a  review  by  the  Court  of  Appeals." 
(Baylies  on  New  Trials  and  Appeals,  page  125,  and 
cases  cited.)  But  an  "  omission  to  take  an  exception 
to  a  ruling  of  the  trial  court  upon  a  question  of  law  " 
—  of  which  a  ruling  upon  an  objection  to  a  ques- 
tion is  an  instance — "is  not  necessarily  fatal  to  a 
review  of  such  luling  by  the  General  Term  of  the 
same  court,  in  case  the  error  committed  is  of  suffi- 
cient importance  to  justif}-  or  demand  a  departure 
from  the  usual  practice.  "  *  "  This  power 
arises  from  the  fact  that  the  cause  is  still  in  the  court 
where  it  originated  ;   and  that  in  the  absence  of  any 


8o  Practical  Court  Reporting. 

restrictive  statute  the  General  Term  has  all  the 
power  of  the  Trial  Term."  (Id.,  page  125  and  cases 
cited.)  It  will  be  apparent  that  in  the  State  of  New 
York,  the  taking  of  an  exception  is  absolutely  neces- 
sary in  all  cases  in  order  to  hav^e  it  reviewed  on  ap- 
peal to  the  Court  of  Appeals,  and  in  all  but  a  few 
excepted  cases  by  the  General  Term  of  the  Supreme 
Court.  It  is  therefore  of  the  highest  importance 
that  exceptions  should  be  noted.  While  upon  clear 
proof  of  the  taking  of  an  exception  which  has  been 
omitted  by  the  stenographer,  the  Court  might  upon 
the  settlement  of  the  case  permit  it  to  be  inserted  in 
the  record,  yet  in  the  absence  of  such  proof,  the 
Court  would  undoubtedly  adhere  to  the  precedent 
established  of  following  the  stenographer's  transcript. 
Such  an  error  on  the  part  of  the  reporter  might  pre- 
vent the  reversal  of  a  judgment  by  the  Court  of 
Appeals ;  whereas,  had  the  exception  been  taken, 
and  the  record  truthfully  kept,  it  might  have  been 
reversed  b}-  that  tribunal. 

Exceptions  to  rulings  or  remarks  of  the  Court, 
may  be  made  in  a  variety  of  forms  as  respects  the 
language  employed.  Reference  is  not  now  had  to 
exceptions  to  the  charge.  These  will  be  treated 
separately  in  the  appropriate  place.  Attorneys  usu- 
ally except  in  one  of  these  forms  :  "  I  except  to  your 
honor's  ruling,"  "  the  plaintiff  (or  defendant)  ex- 
cepts ;  "  or  simply  "  except  ;  "  or  "  I  take  an  excep- 
tion to  your  honor's  ruling."  The  statement  that 
"  plaintiff  for  defendant)  excepts  "  or  "  plaintiff  (or 
defendant)  excepted  "  or  "  plaintiff  (or  defendant) 
excepting"  will  be  sufficient.     The  other  language 


A  Day  in  Court.  8i 

used  may  be  disregarded  as  surplusage.  It  frequeiUh' 
happens  that  soon  after  tlie  commencement  of  a 
trial  the  respective  attorneys,  by  permission  of  the 
Court,  "stipulate,"  i.  e.,  agree,  that  "in  each  case 
that  a  ruling  is  made,  the  party  to  whom  it  is  ad- 
verse, shall  be  regarded  as  having  taken  an  excep- 
tion." This  suffices  for  all  exceptions  during  the 
trial,  and  the  stenographer  need  pay  no  attention  to 
any  exceptions  thereafter  taken,  unless  counsel  ex- 
pressly desires  it.  But  it  must  be  remembered, 
that,  if  the  stipulation  only  relate  to  exceptions  to 
the  adniissioji  of  testmiony,  it  will  be  necessary  to 
insert  exceptions,  when  made,  to  rulings  upon  all 
objections  relating  to  other  matters.  To  illustrate: 
Such  a  stipulation  would  not  cover  an  exception  to 
a  ruling  upon  an  objection  or  motion  having  refer- 
ence to  the  pleadings,  to  the  summing  up  of  counsel, 
to  the  charge,  or  in  fact,  anything  not  being  or  par- 
taking of  the  character  of  testimony. 

A  question  having  been  propounded  to  the  wit- 
ness, and  having  encountered  the  storms  of  objec- 
tions, offers  to  prove  or  to  show,  arguments /r^  and 
con  of  counsel,  rulings,  holdings  and  remarks  of  the 
Court,  and  the  exceptions  to  rulings,  he  is  now  ex- 
pected to  answer  it.  Perhaps  half  an  hour  or  more 
has  been  spent  upon  this  tempestuous  sea  of  words. 
The  witness  is  as  thoroughly  befogged,  and  has  as 
completely  lost  his  bearings  as  the  "  blind  "  stenog- 
rapher. He  is,  however,  suddenly  brought  to  a 
realization  that  his  time  has  <u'ri\cd  to  take  pari  in 
the  solemn  proceedings,  by  the  examining  counsel 
saying:  "Now,  Air.  Witness,  will  you  please  an- 
6 


82  Practical  Court  Reporting. 

swer  the  last  question  ?  "     Of  course  he  has  forgotten 
the  question,  and  says  so,  and  the  counsel  breaks  in 
with,  "Mr.  Stenographer  read  it  to  the  witness."     He 
proceeds  to  do  so,  reaches  the  middle   of  the   ques- 
tion and  runs  into  a   "  snag,"    being   unable,  in    the 
excitement  of  the    moment,   to   determine   whether 
the  hastily- written  outline  is  intended  to  represent  the 
word  "  that  "  or  "  which. "  The  Court,  the  counsel  and 
the  jury,  the  witness  and  the  public  patiently  await 
the   deciphering  of  the    mystic   symbols    by    "  Mr. 
Stenographer."     The  "  Dear   Public  "  occupy  seats 
in  the   background   and   give   utterance   to   audible 
comments   respecting   the    poor   stenographer ;    the 
Court  shifts  in  his  big  arm  chair  behind  the  Bench  ; 
counsel  exchange  a  few  words,  the  witness  cocks  his 
head  to  one  side  in   a  listening  attitude  while    the 
clerk  winks  significantly  at  that  important   function- 
ary, the  crier,  who  has  just  awakened  from  a  refresh- 
ing nap.     Save  these  sounds  an   almost  breathless 
silence   reigns,  broken  by  the  regular  "  tick-a-tick  " 
of  the  big  clock  over  the  door.     These  circumstances 
follow  each  other  through  the  mind  of  the  bewildered 
scribe  in  panoramic  array,  exaggerated  in  importance 
by  the  consciousness  that  every  eye  is  upon  him  and 
every  ear  listening  for  the  question,  and  that,  if  he 
fail  to  read  it,  the  Mecca  of  his  ambition  :  ten   dol- 
lars per  day  and  transcript  fees,  will  be  farther  than 
ever  from  attainment.     He  sees   neither  the   paper 
nor  the  "hen-tracks  "  he  has  made.     Everything  be- 
comes blurred,  indistinct  and  chaotic,  and  he  is  upon 
the  point  of  wildly  throwing  up  his  arms  and  whooping 
at  the  top  of  his  voice,  when  the  compassionate  coun- 


A  Day  in  Court.  83 

sel  — God  bless  him! — breaks  in  with,  "  Never 
mind,  Mr.  Stenographer,  I'll  repeat  the  question." 
The  question  being  repeated  with  scarcely  any 
change,  the  stenographer  is  able  to  easily  read  it, 
although  still  laboring  under  the  effects  of  the  ordeal 
through  which  he  has  passed.  He  now  understands 
the  reason  of  his  inability  to  read  the  question  — 
the  shorthand  character  for  the  word  "  that"  having 
been  written  carelessly,  gave  it  a  resemblance  to  the 
contraction  used  for  the  word  "  which ; "  and  in- 
stead of  calmly  reading  ahead,  getting  the  context, 
and  supplying  cither  of  the  words  mentioned  —  it 
would  be  immaterial  which  —  he  began  thinking 
of  the  dire  result  that  might  follow  upon  his  ina- 
bility to  read  the  question,  and  experienced  a  brief 
season  of  "  stage-fright."  Had  he  been  quietly 
sitting  in  his  office  no  difficulty  in  reading  would 
have  been  experienced.  This  little  episode  having 
been  passed,  the  witness 

ANSWERS  THE  QUESTION. 
Sometimes,  before  the  answer  proper  is  made,  a 
conversation,  more  or  less  extended,  may  occur  be- 
tween the  witness  and  questioner.  The  witness,  if 
the  question  call  for  a  conversation,  asks:  "Do  you 
want  me  to  tell  exactly  what  was  said?"  If  the 
question  contain  no  modifying  clause  as  to  the  state- 
ment of  the  conversation,  and  the  attorney  reply  in 
the  affirmative,  no  modification  or  amendment  of 
the  question  is  necessary.  If,  however,  he  replies, 
"  Yes,  state  the  conversation,  or  the  substance  of 
it,"  then   insert  the  words  "  or  in  substance"  in  the 


^4  Practical  Court  Reporting. 

question  at  the  appropriate  place,  or  add  it  to  the 
question  at  the  end.     Do  not 

"lumber"  the  record, 
as  it  is  called,  with  a  dozen  questions  and  answers 
that  are  immaterial.  Sufficient  has  been  said  in 
previous  chapters  to  indicate,  as  far  as  the  subject 
permits,  the  importance  of  not  "taking"  irrespon- 
sive answers.  The  reporter's  sense  of  humor  will, 
however,  at  times  assert  itself  so  strongly,  that 
he  cannot  refrain  from  preserving  a  few  of  the 
pleasantries  of  witnesses  which,  judged  by  any 
other  test  than  that  of  humor,  would  be  utterly 
immaterial.  An  instance  of  this  occurred  in  the  re- 
port of  a  trial  some  years  ago,  A  witness  was  being 
sharply  cross-examined.  Some  of  the  questions  put 
tended  to  cast  ridicule  upon  him.  One  question 
was  especially  suggestive.  Scarcely  had  it  escaped 
the  lips  of  the  examiner,  than  the  witness  replied, 
"  I  object  to  it  as  immaterial,  and  none  of  your 
business!"  The  question  was,  in  fact,  afterward 
objected  to  by  the  opposing  counsel  as  immaterial, 
and  sustained  by  the  Court  upon  that  ground^  to 
the  irrepressible  delight  of  the  rural  witness,  who  re- 
garded the  cross-examining  counsel  with  an  expres- 
sion that  betrayed  the  words  upon  his  lips:  "Oh, 
you're  no  punkins  !  " 

Great  difficulty  is  occasionally  encountered  in 
taking  the  answers  of  witnesses,  who  illustrate  their 
replies  by  the  use  of  the  expression  "  he  did  like 
this,"  and  who  then  proceed  to  portray  the  conduct 
of  the  person  who  is  the  subject  of  the  answer.  That 
conduct  may  be  the  quaking  of  the  knees,  a  wide 


A  Dav  in   Court.  85 

opening  of  the  mouth  and  a  closing  of  the  eyes, 
accompanied  with  a  guttural  sound.  Again,  the  wit- 
ness may  descend  from  the  witnesses'  chair  to  the 
sacred  precincts  of  the  bar,  and,  grasping  the  exam- 
ininc  counsel  about  the  throat,  as  if  he  were  a 
wooden  Indian,  proceed  to  illustrate  his  answer  by 
various  thumps  and  whacks.  A  story  is  told  of  a 
vindictive  witness,  who,  under  pretense  of  illustrating 
his  answer,  shrewdly  administered  a  sound  drubbing 
to  an  attorney  who  had  been  particularly  severe 
during  the  cross-examination.  A  witness  usually 
picks  up  the  nearest  object  for  illustration  purposes. 
This  will  generally  be  a  book.  He  begins  at  one 
corner,  to  describe  the  peregrinations  of  a  person, 
accompanying  the  object  lesson  with  "  there,  he 
commenced  there  and  ran  like  that  to  this  corner," 
etc.,  etc.  In  all  instances  of  illustration,  report  as 
well  as  you  are  able  the  illustration  given  by  the 
witness.  Frequently  it  happens  that  it  is  such  a  jum- 
bled mess  of  "  like  this,"  "  here,"  "  there,"  "  around 
this  way,"  and  "  across  that  field,"  that  the  answer  is 
perfectly  unintelligible.  It  is  useless  to  take  it.  Better 
describe  in  your  own  language,  in  parenthesis,  that 
which  the  witness  has  undertaken  to  do.  It  is  often  im- 
possible to  catch  a  gesture  or  some  other  act  of  the  wit- 
ness, or,  being  seen,  it  is  indescribable.  In  such  cases, 
unless  it  is  very  material  to  have  it  on  the  minutes, 
insert  in  parenthesis  at  the  proper  place  the  word, 
"showing"  or  "  indicating."  If,  in  the  stenographer's 
opinion,  it  is  important  that  the  record  should  con- 
tain a  perfect  description  of  the  gesture  or  other  act 
"  throw  the  ink  bottle  "  at  counsel  and  witness  — 


86  Practical  Court  Reporting. 

stop  proceedings.  Ask  the  witness  to  repeat  the 
gesture  or  act.  If  it  be  impossible  for  the  stenogra- 
pher to  describe  it,  let  him  request  the  Court  or 
counsel  to  do  so,  informing  them  that  he  does  not 
care  to  take  the  responsibility  of  doing  it.  This  will 
occur  many  times  in  some  kinds  of  cases.  Wit- 
nesses in  response  to  questions  respecting  distances, 
or  the  height,  length  and  thickness  of  objects  will 
answer  "  about  as  long,"  or  "  so  high,"  or  "  so  thick," 
or  "  so  far,"  at  the  same  time  indicating  with  the 
hand  or  hands.  The  stenographer  should  seldom 
insert  his  opinion,  in  the  record,  of  distance  or  meas- 
urement thus  indicated  until  he  has  requested  Court, 
counsel  or  witness  to  state  it.  If,  then  asked  to 
do  so,  he  should  insert  it  in  parenthesis  as  follows  : 
("  showing  about  two  feet.")  If,  however,  the  dis- 
tance, space  or  measurement  thus  indicated  by  the 
witness  can  be  determined  with  approximate  ac- 
curacy, a  stoppage  of  the  proceedings  should  not  be 
caused,  but  the  distance  or  measurement  should  be 
inserted  in  the  notes,  in  parenthesis.  The  use  of 
the  parenthesis  should  be  resorted  to  whenever  the 
stenographer  injects  his  own  language  by  way  of 
explanation  into  an  answer,  or  other  statement. 
This  principle  of  inserting  the  language  of  the  re- 
porter in  parenthesis,  however,  should  not  be  ap- 
plied to  the  digesting  of  objections  and  the  other 
matters  which  have  been  before  treated. 

Allusion  has  just  been  made  to  the  subject  of  in- 
terrupting proceedings.  The  proper  rule  applicable 
to  this  topic  may  be  thus  stated  :  Never  interrupt, 
unnecessarily,  the  orderly  course  of  a  proceeding; 


A  Day  in  Court.  87 

but,  always  bring  the  legal  machinery  to  a  complete 
standstill,  if  necessary  to  make  the  record  conform 
to  the  truth.  No  pusillanimity  should  exist  in  the 
heart  of  the  reporter  upon  this  point.  Being  en- 
gaged in  investigations,  the  character  of  which  is  of 
the  highest  importance  —  the  administration  of  jus- 
tice—  he  should  feel  deeply  the  solemnity  and  dig- 
nity of  the  part  he  is  called  upon  to  take,  and  should 
neglect  not  a  single  measure  or  expedient  to  perform 
his  duty  as  perfectly  as  possible.  No  childish  fear 
that  the  Court,  counsel,  jury,  officers  of  the  court  and 
spectators  may  think  him  incompetent  to  write  fast 
enough  to  take  everything,  should  prevent  making 
necessary  interruptions.  There  is  a  delusion  exist- 
ing in  the  public  mind  that  by  the  aid  of  stenography 
every  word  uttered  can  be  reported  ;  that  a  court  re- 
porter is  a  mere  writing  machine  and  "takes"  every 
word.  It  is  confidently  expected  that  this  little  book 
will  tend  to  dispel  to  some  extent  this  illusion.  Be- 
cause of  this,  some  stenographers  are  squeamish 
about  admitting,  by  stopping  a  witness,  or  the  pro- 
ceedings, their  inability  to  report  and  comprehend 
as  fast  as  one  can  talk.  The  transcript  of  such 
stenographers  will  often  require  close  examination, 
while,  usually,  confidence  may  be  reposed  in  that  of 
him  who  unhesitatingly  stops  counsel,  witness  and 
proceedings  whenever  necessary.  It  is  popularly 
supposed,  that,  by  the  aid  of  shorthand  question, 
objections,  ruling,  exception  and  answer,  simultane- 
ously uttered  by  the  Court,  by  excited  counsel  and 
voluble  witness,  ma\-  be.  amid  the  hubbub  charac- 
teristic of  such  occasions,  transferred  to  the  note-book 


88  Practical  Court  Reporting. 

of  the  reporter  with  consummate  ease  and  accuracy. 
It  may  be  sometimes ;  but,  in  respect  to  most  of 
such  occurrences,  the  supposition  is  erroneous.  Be- 
ing unable  to  "  take  "  such  a  jumble  of  words,  let  not 
the  scribe  grow  fainthearted  and  lose  confidence  in 
his  powers  as  a  reporter.  If  the  occasion  be  a  par- 
ticularly lively  "  bear  dance,"  impossible  of  being 
photographed,  watch  the  fun  until  order  is  restored, 
when  upon  informing  the  Court  or  counsel  that  you 
did  not  "get  any  of  that,"  the  proceedings  will  be 
repeated  and.  taken  without  difficulty.  The  neces- 
sity of  repetition  will  seldom  occur  if  the  stenog- 
rapher, as  before  suggested,  be  "  on  his  taps." 

What  has  been  said  thus  far  in  this  chapter  relat- 
ing to  the  proceedings  upon  the  direct-examination 
of  a  witness,  applies  equally  to  the  next  step  in  the 
trial,  known  as 

THE   CROSS-EXAMINATION 

of  a  witness.  It  seems  unnecessary  to  state  that 
this  examination  is  invariably  conducted  by  the  at- 
torney for  the  party  against  whom  the  witness  is 
sworn.  An  attorney  may  be  permitted  under  cer- 
tain circumstances  to  cross-examine  his  own  witness. 
The  notes  of  the  reporter  of  the  latter  examination 
would  not  be  headed  "  Cross  examination."  The 
examination  itself  shows  it  to  be  of  the  nature  of  a 
cross-examination,  which  is  sufficient.  .  An  attorney 
maybe  surprised  by  the  testimony  of  a  witness  called 
by  him.  Under  such  circumstances,  he  has  a  right 
to  prove  by  the  witness  facts  which  tend  to  show 
the  surprise.     The  proceedings  would  show  it  to  be 


A   Day  in   Court.  89 

of  tlie  character  of  a  cross-exainiiiation,  wliile  the 
shorthand  notes  would  not  be  headed  "  cross-exam- 
ination." But  this  rarely  occurs.  The  cross-exam- 
ination is  invariably  confined  to  questions  by  the 
opposing  counsel.  Its  object  is,  theoretically,  to 
show  either  that  the  witness  is  mistaken  in  his  testi- 
mony, or  that  he  has  willfully  testified  falsely  ;  or, 
that  the  testimony  <^iven  by  him  is  tinged  with 
prejudice  or  bias;  or,  that  he  has,  in  some  respects, 
exaggerated  the  facts  to  which  he  has  testified. 
The  cross-examining  counsel  sifts  and  winnows  the 
testimony  thus  given  b)'  the  witness  until  nothing 
remains — presumably  —  but  the  kernels  of  truth. 
The  scope  of  the  cross  examination  is  much  broader 
than  that  of  the  direct-examination.  The  counsel 
may  go  fully  into  the  motives,  if  any,  that  actuate 
the  witness  in  giving  his  testimony,  and  show  his 
relations  to  the  party  in  whose  behalf  he  is  sworn, 
to  the  end  that  the  jury  may  give  the  proper  weight 
to  the  testimony  of  the  witness.  Some  experienced 
reporters  adopt  what  has  been  described  as  the  nar- 
rative form  in  taking  portions  of  the  cross-examina- 
tion. As  before  remarked,  this  form  should  only  be 
used,  if  at  all,  as  to  such  parts  of  the  cross-examina- 
tion which  bear  upon  the  collateral  and  incidental 
issues  in  the  case. 

When  the  direct-examination  was  first  referred  to 
in  this  chapter,  nothing  was  said  with  respect  to  the 
manner  in  which  it  should  be  introduced.  There  is 
no  necessity  for  any  introductory  words,  as  the  first 
examination  of  the  witness  by  the  attorney  of  the 
part)''   calling   him    is   always   known    as  the  direct- 


90  Practical  Court  Reporting. 

examination.  There  is  no  necessity  for  identifying 
it  in  any  other  way.  It  is  otherwise  with  respect  to 
the  cross-examination.  The  latter  should  always  be 
introduced  by  either  the  words  "  cross-examination  " 
written  in  bold  longhand  characters,  or  by  the 
letter  "  X  "  written  in  a  large  form  in  the  space  be- 
tween the  end  of  the  direct-examination  and  the 
beginning  of  the  cross-examination.  This  space 
should  be  sufficient  to  make  the  "  X  "  thus  written, 
conspicuous.  It  often  happens  that  the  direct-ex- 
amination will  close  at  about  the  center  of  the  page 
of  the  note-book,  or  of  the  sheet,  if  loose  sheets  be 
used.  In  the  case  of  the  note-book,  it  will  be  advis- 
able to  continue  the  cross-examination  in  the  man- 
ner just  specified.  If,  however,  the  reporter  use 
loose  sheets  of  paper,  and  write  upon  both  sides  of 
the  sheet  (which  is  sometimes  done),  it  is  better  to 
commence  the  cross-examination  upon  the  following 
slieet. 

Certain  questions  respecting  conversations  or  acts, 
and  the  time  and  place  of  their  occurrence,  are  fre- 
quently put  to  the  witness  upon  the  cross-examina- 
tion, for  the  purpose  of  "  laying  the  foundation,"  as 
it  is  called,  of  contradicting  the  testimony,  given  in 
response  to  such  questions,  b}'  other  witnesses  to  be 
called  by  the  party  asking  the  questions  when  he 
comes  to  introduce  testimony  on  his  side  of  the  case. 
These  questions  give  rise  frequently  to  disputes  later 
on  in  the  case.  A  rule  of  evidence  requires  that  the 
same  questions,  in  substance,  shall  be  put  to  the  wit- 
nesses by  whom  it  is  proposed  to  contradict  the  tes- 
timony thus  given.     When  such  dispute  arises,  the 


A  Day  in  Court.  91 

stenograplicr  is  usually  asked  to  refer  to,  and  read, 
the  testimony  of  the  previous  witness  on  the  cross-ex- 
amination. Sometimes  several  days  may  have  elapsed 
since  the  questions  were  put  to  the  witness,  and  they 
will  have  to  be  found  among  a  mass  of  "  goose 
tracks,"  the  only  guide  to  the  stenographer  by  which 
these  questions  ma\'  be  found,  being  the  name  of  the 
witness  by  whom  they  were  given.  This  he  easil)' 
finds  by  reference  to  the  index  on  the  "  temporary 
memorandum  "  sheet.  The  cross-examination  of  the 
witness  may  have  been  prolonged,  consuming,  pos- 
sibly, a  day  or  more.  It  will  be  seen  at  a  glance 
that  great  difficulty  will  be  met  in  finding  a  particu- 
lar question  among  the  hundreds  which  have  been 
put  to  the  witness.  The  difficulty  of  finding  a  ques- 
tion in  a  record  kept  in  longhand  is  great  enough  ; 
but,  when  attempted  in  one  kept  in  shorthand,  is 
fraught  with  a  vexatious  experience  that  cannot  be 
properly  understood  by  one  who  has  never  encoun- 
tered it.  It  is,  therefore,  advisable  that  resort  be 
had  to  some  expedient  which  will  lessen  the  labor  of 
the  search.  To  meet  this  obstacle,  many  court  re- 
porters use  what  is  styled  the  "  indented  "  form  of 
note-taking.  This  consists  in  writing  the  question, 
beginning  at  the  left-hand  margin  of  the  paper  and 
extending  the  line  of  writing  to  the  right  about  half- 
way across  the  sheet,  returning  to  a  point  upon  the 
next  line  below  the  point  at  which  the  first  line  com- 
menced and  travelling  again  to  the  right  to  a  point, 
coincident  with  the  end  of  the  first  line,  and  so  on 
until  the  question  is  completed.  The  answer  to  the 
question  is  begun  upon  the  line  below  the  que^^tion. 


92  P radii  (I /  Court  Reporti)i^. 

at  a  point  a  little  to  the  left  of  an  imaginary  line 
drawn  perpendicularly  along  the  right  side  of  the 
body  of  the  question,  and  written  in  the  space  be- 
tween that  and  the  right  margin  of  the  paper.  The 
advantage  of  this  form  is  that  it  separates,  clearly 
and  distinctly,  questions  and  answers  ;  whereas,  if 
questions,  answers,  objections  and  exceptions  be 
written  "  solid  "  as  it  is  called,  i.  e.,  without  a  sepa- 
rating space,  they  do  not  stand  out  well  defined,  the 
one  from  the  other.  Another  expedient,  that  may 
be  used  in  connection  with  the  first  method  described, 
is  that  of  drawing  a  waved  or  straight  line  along  the 
margin  of  the  question  and  answer  at  the  time  of 
writing  the  same,  when,  in  the  judgment  of  the  re- 
porter, it  may  become  necessary  to  recur  to  it.  The 
question  or  the  answer,  as  the  case  may  be,  being 
thus  separated,  and  in  addition  thereto  a  waved  line 
drawn  parallel  with  it,  becomes  quite  conspicuous 
upon  the  page  of  notes,  especially  if  paper  four  inches 
wide  and  nine  inches  long  be  used.  If  the  stenog- 
rapher deem  it  necessary,  he  may,  in  addition  to  the 
expedients  already  specified,  adopt  another.  Along 
the  waved  or  straight  line  thus  drawn  upon  the  mar- 
gin of  the  question  or  answer,  he  may  write  one  or 
more  words  in  longhand,  which  describe  the  subject- 
matter  of  the  question  or  answer.  To  illustrate: 
Suppose  the  question  put  for  contradiction  relates  to 
a  conversation  claimed  by  the  questioner  to  have 
occurred  at  a  particular  time  and  place,  with  a  par- 
ticular person,  about  a  horse;  that  the  tenth  ques- 
tion following  relates  to  a  conversation  between  the 
same  parties,  at  the  same  time  and  place,  respecting 


A  Day  in  Cuurt.  93 

a  cow,  and  that  farther  along  in  the  examination  a 
question  of  similar  character  relating  to  a  wagon  oc- 
curs. Opposite  the  first  question,  and  along  the 
waved  line,  write  in  longhand  the  abbreviation 
"  conv."  following  it  with  the  word  "  horse  "  written 
in  longhand  ;  opposite  the  question  respecting  the 
cow  write  in  longhand  the  word  "  cow  "  and  opposite 
the  question  relating  to  the  wagon  write  in  longhand 
the  word  ''  wagon."  This  method  may  be  applied,  not 
only  to  questions  put  to  witnesses  for  contradiction* 
but  to  all  sorts  of  questions  to  which,  in  the  opinion 
of  the  scribe,  he  may  be  called  upon,  later  on  in  the 
case,  to  refer.  By  using  these  simple  methods,  the 
reporter  will  have  five  valuable  assistants  in  finding 
such  questions,  viz.:  the  name  of  the  witness,  upon 
the  "temporary  memoranda"  sheet  with  the  page 
of  the  examination  (the  direct,  cross,  or  other  ex- 
amination) ;  the  name  of  the  witness  written  in  bold 
longhand  characters  in  the  notes;  distinction  made 
between  question  and  answer,  by  separating  the 
same ;  the  waved  line  drawn  opposite  the  question 
and  answer,  and  one  or  more  words  in  longhand 
written  near  this  waved  line  descriptive  of  the  topic 
or  subject-matter  of  the  answer.  If  the  reporter  be 
at  all  ingenious,  other  expedients  will  occur  to  him, 
which  may  be  used  in  cases  where  the  characters 
and  signs  above  described  prove  ineffectual. 

During  the  cross-examination,  witnesses  often  add 
explanatory  remarks  to  answers,  the  witness  forget- 
ting that  upon  the  re-direct-examination  an  oppor- 
tunity will  be  afforded  him  to  make  such  explana- 
tions.    Upon  such  answers  being  given,  the  ears  of 


94  Practical  Court  Reporting. 

the  scribe  are  often  greeted  with  "  I  repudiate  that 
answer,  Mr.  Stenographer,"  coming  from  the  cross- 
examining  counsel.  With  respect  to  such  matters 
two  methods  may  be  adopted  :  First,  strike  out  the 
entire  answer,  if  the  opposing  counsel  do  not  insist 
that  it  should  stand  ;  and,  second,  if  he  insist  that  it 
stand,  enter  under  the  answer:  "The  plaintiff  (or 
defendant)  repudiated  the  last  answer." 

Sufficient  has  been  said  upon  the  subject  of  cross- 
examination.  That  examination  having  been  con- 
cluded, the  counsel  by  whom  the  witness  was  placed 
upon  the  stand,  usually  takes  the  witness  upon 

RE-DIRECT-EXAMINATION  ; 

or,  as  it  is  sometimes  called,  the  re-examination, 
which  proceeds  in  the  same  manner  as,  and  in  the 
treatment  of  which  the  stenographer  should  apply 
the  rules  and  principles  stated  with  reference  to,  the 
direct  and  cross-examination.  A  convenient  form 
of  introducing  this  examination  is  to  use  the  capital 
letters"  R.  D.,"  an  abbreviation  of  the  word  re  direct. 
Upon  this  examination  the  narrative  form  may,  in 
some  cases,  be  extensively  employed  ;  but  its  use 
should  be  strictly  governed  by  what  has  been  here- 
tofore said  respecting  it.  The  object  of  the  re-direct- 
examination  is  to  explain,  if  possible,  incongruous 
and  ambiguous  statements,  and  other  matters  which 
the  cross-examining  counsel  may  have  artfully  ob- 
tained from  the  witness.  This  examination  is  some- 
times used  to  reiterate  portions  of  the  direct-exami- 
nation, from  which  the  attention  of  the  jury  has  been 
drawn  by  the  cross-examination.  It  may  happen 
that  testimony,  intended  to  have  been   introduced 


A  Day  in  Court.  95 

upon  the  direct-examination,  has  been  omitted. 
This  may  be  put  in  on  the  re-direct-examination 
with  tlie  same  force  and  effect  as  if  originally  given. 
This  examination  being  completed,  the  opposing 
counsel  may  desire  to  farther  examine  the  witness 
upon  the  new  matters  testified  to  by  him,  which  had 
been  omitted  upon  the  direct-examination  ;  or  to 
farther  cross  examine  the  witness  upon  the  other 
matters  called  out  upon  the  re-direct-examination. 
This  is  termed 

THE    RE-CROSS-EXAMINATION. 

Instructions  given  in  this  chapter  with  respect  to 
objections,  offers  to  prove,  rulings,  remarks  of  the 
Court,  and  exceptions  to  rulings  apply  to  the  vari- 
ous examinations  above  described. 


CHAPTER  VI. 

A  DAY  IN  COURT  (concluded). 

Reference  has  been  made  in  preceding  chapters 
to  various  kinds  of  testimony.  Beside  that  given  by 
witnesses,  it  may  rest  in  written  instruments  of  vari- 
ous kinds  as  well  as  in  tools,  implements  and  other 
objects,  as  many  and  different  as  are  the  subjects 
that  occupy  the  attention  of  mankind  in  all  walks  of 
life.     These,  when  introduced  in  evidence,  are  styled 

EXHIBITS 
in  the  case  and  are  usually  required  to  be  marked, 
when  their  character  makes  it  feasible,  by  the  sten 
ographer,  for   the    purpose  of  identification  in  the 
future.     This  is  usually  done  by  writing  upon  the 
exhibit,  using  for  the  exhibits  upon  the  plaintiff's 
side  of  the  case,  the  letters  of  the  alphabet,  and 
upon  the  defendant's  side  numbers,  beginning  with 
one,  or  vice  versa.     For  instance,  if  an  original  deed 
be  offered  by  the  plaintiff  and  received  in  evidence, 
it  will  be  handed  to  the  stenographer  to  be  marked. 
He  does  so  by  writing  the  words  "  Plff 's  Ex.  A," 
adding  after  the  letter  and  just  below  it,  his  initials. 
If  it  be  offered  by  the  defendant,  he  should  substi- 
tute the  abbreviation  "  Deft's  "  and  the  figure  "  i." 
In,  his  notes  he  should   enter  a  description  of  the 
deed  as  given  by  the  counsel  offering  it  in  evidence, 


A   JJav  in   Court.  97 

which  may  be  in  the  following  form:  "  Plaintiff  of- 
fered in  evidence  a  deed  dated  January  ist,  1892, 
from  John  Jones  to  Robert  Johnson,  acknowledged 
on  the  same  day,  and  recorded  in  Fulton  County 
Clerk's  office  on  the  15th  day  of  January,  1892,  in 
book  of  Deeds,  No.  79,  at  page  215,  conveying  the 
premises  described  in  the  complaint.  Plff's  A.  ' 
This  form  will  of  course  be  varied  according  to  the 
nature  of  the  paper  offered.  The  words  "  Plff's  A  " 
will  sufficiently  enable  the  stenographer  to  identify, 
in  the  future,  if  necessary,  the  paper  thus  offered. 
If  an  objection  be  made  to  the  offer  of  the  deed,  that 
should  be  noted  in  the  manner  before  described. 
Assuming  that  the  objection  to  the  offer  is  overruled 
and  the  deed  is  received  in  evidence,  after  such  ob- 
jection, the  record  may  be  made  up  in  the  following 
form  :  "  Objection  overruled,  the  deed  received  in 
evidence  and  marked  Plff's  Ex.  A,  the  defendant 
excepting."  If  then  the  deed  be  read  to  the  jury 
by  the  plaintiff's  counsel,  state  the  fact  on  the  fol- 
lowing line,  which  statement  may  be  as  follows: 
"The  plaintiff  read  the  deed  Ex.  A  to  the  jury." 
Exhibits  are  not  always  read  at  the  time  of  their 
reception  in  evidence,  being  left  for  that  purpose 
until  the  attorney  who  has  offered  them  makes  his 
argument  to  the  jury.  It  may  be  that  no  objection 
is  made  to  the  offer  in  evidence  of  the  paper;  in 
that  case,  instead  of  using  the  word  "  offered  "  in  the 
preceding  form,  use  either  the  word  "  read  "  or  "  in- 
troduced." Official  records  of  deeds,  mortgages  and 
other  instruments  need  not  be  marked  as  exhibits. 
Difficulty  is  sometimes  experienced  by  the  stenogra- 


98  Practical  Court  Reporting. 

pher  in  marking  some  tools  and  objects  put  in  evi- 
dence. Frequently  the  marking  of  these  is  dispensed 
with  ;  at  other  times  a  small  tag  may  be  attached 
to  them,  upon  which  the  stenographer  makes  the 
proper  memorandum.  Some  court  reporters  use 
rubber  stamps,  for  the  purpose  of  marking  exhibits, 
one  for  the  plaintiff's  and  another  f  jr  the  defendant's, 
blanks  being  left  in  the  stamp  for  the  insertion  of 
the  letter  or  numeral  as  the  case  may  be.  In  a  case 
where  a  large  number  of  papers  are  offered  in  evi- 
dence, these  stamps  prove  very  useful.  It  is  not 
long  since  that  in  an  investigation  before  a  committee 
of  a  board  of  supervisors  many  thousands  of  exhibits 
were  marked,  the  stenographer  travelling  in  consec- 
utive order  from  A-i  to  A-ioo  through  the  alpha- 
bet to  Z-i  and  so  on  to  Z-ioo;  then  commencing 
on  AB-i  and  continuing  to  AB-ioo,  and  by  doubl- 
ing the  letters  in  this  manner  partially  through  the 
alphabet  again.  It  is  generally  unnecessary  to  take 
down  written  exhibits  as  they  are  read  to  the  jury. 
The  general  rule  stated  on  page  37  at  the  close  of 
chapter  III  of  this  book  may  be  applied  to  the  taking 
of  exhibits.  Deeds,  mortgages  and  other  papers  are 
usually  recorded.  Access  to  this  record  may  always 
be  had  in  the  future  by  the  party  who  desires  to 
know  the  contents  of  such  an  exhibit.  It  is,  there- 
fore, unnecessary  to  "  take"  these,  at  the  time  they 
are  read  to  the  jury.  It  is,  however,  sometimes 
necessary  to  take  in  full  letters  which  are  read  to  the 
jury  as  exhibits,  especially  when  only  the  original 
letter  is  in  existence.  In  these  days  of  letter  presses 
and  typewriters,  business  men  and  others  uniformly 


A  Day  in  Court.  99 

retain  copies  of  their  letters  ;  and,  when  these  are 
used  in  evidence  in  a  lawsuit,  usually  one  party  has 
the  original  and  the  other  party  a  copy.  In  that 
case,  of  course,  it  is  unnecessary  to  record  the  letter 
when  read  to  the  jury.  In  fact,  it  may  be  stated  as 
a  general  rule,  that  unless  requested  by  the  counsSih  ^ 
to  enter  in  the  minutes  an  exhibit  read  to  the  jury,  y^  O 
it  need  not  be  done.     A  good  plan  of  procedure  in  «■ 

respect  to  this  matter  is,  when  counsel  commences 
the  reading  of  a  letter  or  other  exhibit  to  the  jury, 
to  "  throw  the  ink  bottle  "  at  him,  by  asking  him  if, 
he  desire  a  copy  of  the  exhibit  entered  in  the  min- 
utes. Make  an  entry,  or  omit  it,  according  to  the 
answer  he  makes. 

It  should  be  understood  that  a  distinction  exists 
between  a  "  copy  of  a  paper,"  the  "  record  of  a 
paper,"  the  "original  paper,"  a  "certified  copy"  of 
a  paper  and  the  "certified  copy  of  the  record"  of  a 
paper.  Counsel  in  offering  papers  in  evidence  some- 
times omit  to  distinguish  between  these.  Instead 
of  announcing  that  the  "  record  "  of  a  deed  is  offered 
in  evidence,  etc.,  the  statement  will  be  made  that 
"  the  deed  "  is  offered  in  evidence.  If  the  stenog- 
rapher know  tlie  difference  between  the  original  and 
the  record,  he  should  make  the  entry  in  his  notes 
according  to  the  fact.  If  he  do  not  know,  no  time 
should  be  lost  by  him  in  acquiring  that   knowledge. 

Among  the  exhibits  which  will  at  first  furnish  the 
reporter  considerable  trouble  are  photographs  and 
maps.  These  are  generally  used  in  cases  involving 
disputes  respecting  title  to  real  estate,  in  actions  of 
negligence,  brought    against    persons   and    corpora- 


loo  Practical  Court  Reporting. 

tions,  and  in  some  other  actions.  So  far  as  the 
marking  of  these  is  concerned,  no  inconvenience  will 
be  experienced  ;  but  when  shown  to  witnesses  for 
the  purposes  of  illustrating  answers  given  by  them, 
the  stenographer  will,  in  attempting  to  get  such  an- 
swers correctly,  and  reporting  them  intelligibly,  find 
himself  engaged  in  a  task  unparalleled  as  to  difficulty 
by  anything  in  the  whole  realm  of  law  reporting, 
save  the  taking  of  technical  testimony  given  by  ex- 
pert witnesses.  The  witness  may  point  to  a  place 
indicated  upon  the  map  or  photograph,  and,  taking 
that  as  the  basis  of  his  perambulatory  remarks,  glibly 
describe  the  killing  of  a  person  and  a  team  of  horses 
by  a  railroad  car,  giving  sizes  of  objects,  motions 
and  gestures  of  persons,  the  shouting  of  bystanders, 
and  close,  from  sheer  lack  of  breath,  with  an  account 
of  where  the  scattered  anatomy  of  the  person  killed 
was  picked  up.  This  rapid  narration  of  events,  and 
reproduction  of  acts,  motions,  and  gestures  and  illus- 
tration of  distances,  sizes  of  objects,  etc.,  may  have 
been  accompanied  by  the  finger  upon  the  map  or 
photograph,  pointing  out  the  places,  etc.,  named.  It 
is,  at  times,  almost  impossible  to  pen  photograph 
such  answers.  But  the  record  must  be  made.  It 
may  be,  and  usually  is,  of  supreme  importance  in 
such  cases,  to  know  the  relative  position  of  the  per- 
son and  horses  killed  and  the  moving  car ;  at  what 
rate  of  speed  all  were  moving;  whether  or  no  the 
attention  of  the  deceased  was  distracted  from  the 
impending  danger,  and  so  on  ad  infinitum.  These 
circumstances  all  bear  upon  one  of  the  principal  is- 
sues   of  that  class    of  cases,  viz.;  the    contributory 


A  Day  in  Court.  loi 

negligence  of  the  deceased.  For  should  the  jury  find 
the  deceased  guilty  of  such  negligence,  that  would 
defeat  the  plaintiff's  case.  The  necessity  for  absolute 
accuracy  in  taking  the  answer  of,  and  of  portraying 
the  representations  of  acts,  etc.,  by,  the  witness  can 
readily  be  seen.  Hence,  the  reporter  should  not 
hesitate  to  stop  the  witness  whenever  he  is  in  doubt 
as  to  the  correctness  of  his  understanding  of  these 
details,  and  especially  with  respect  to  the  matters 
pointed  out  upon  the  map  or  photograph.  The 
words  "  here,"  "  there,"  etc.,  sound  all  right,  and, 
when  accompanied  by  the  act  of  locating  the  spot  re- 
ferred to  upon  the  map  or  photograph,  are  suffi- 
ciently definite  to  the  looker-on;  but,  when  they 
appear  in  black  and  white,  are  perfectly  mean- 
ingless, if  not  followed  by  a  description  of  the  por- 
tion of  map  or  photograph  designated.  The  places 
pointed  out  by  witnesses  in  such  cases  should  be 
described  as  correctly  as  possible,  the  description 
being  in  parenthesis  following  the  word  "  here  "  or 
"  there,"  or  other  words  used  when  the  act  of  desig- 
nating the  spot  is  performed. 

Testimony  of  witnesses  may  be  taken  out  of  court, 
in  a  foreign  State  or  country,  before  an  officer  au- 
thorized to  perform  that  power;  and,  when  so  taken 
and  properly  returned  and  certified  to  the  court  out 
of  which  the  order  to   take   such  testimony  issued, 

is    termed  a 

DEPOSITION. 

The  reader  should  bear  in  mind  in  considering  this 
species  of  testimony  the  rule  laid  down  on  page  37 
respecting    the   omission    of  matters,    the    proof  of 


I02  Practical  Court  Reporting. 

which  rests  in  a  record  already  made.  Deposi- 
tions thus  taken  are  frequently  read  in  evidence 
to  the  jury.  At  the  time  of  taking  them,  the 
proceedings  are  similar,  with  respect  to  direct, 
cross  and  other  examinations,  to  those  upon  the 
trial  of  an  action  in  court,  except  that  they  are 
taken  before  an  officer  (usually  denominated  a  com- 
missioner) without  a  jury.  Objections  to  questions 
may  be  interposed  at  the  time  of  taking  the  deposi- 
tion. The  party  obtaining  the  deposition  for  use, 
will,  at  the  appropriate  stage  of  the  trial,  announce 
his  intention  of  reading  it  to  the  jury.  The  other 
party  may  enter  a  preliminary  objection  to  the  depo- 
sition. This,  of  course,  should  be  taken,  the  same  as 
any  other  objection,  taking  first  the  announcement 
of  the  proposal  to  read  the  paper.  The  deposition 
should  be  sufficiently  described  by  date  of  return  and 
filing  in  the  proper  office,  the  name  of  the  officer  be- 
fore whom,  and  the  place  where,  taken  to  identify  it  in 
future.  Following  this  should  be  a  statement  o{  \^\\?i\. 
is  read.  The  deposition  should  not  be  taken  in  the 
minutes  verbatim.  Counsel  having  read  a  question 
and  about  to  read  the  answer,  the  opposing  counsel 
may  suddenly  object.  But  to  what?  The  scribe  has 
not  taken  the  question  ;  and  no  objection  to  it  may  ap- 
pear in  the  deposition,  and  if  there  were,  counsel  upon 
the  trial  would  have  the  right  to  amplify  it.  The 
reporter  performs  the  simple  act  of  "  throwing  the 
ink  bottle"  at  the  counsel  who  read  the  question, 
asks  to  have  it  repeated  and  enters  it  and  the  ob- 
jection, with  the  ruling  and  exception,  in  the  min- 
utes.     The   direct-examination   having   been    read, 


A  Day  in  Court.  103 

the  opposing  counsel  generally  reads  the  cross-exam- 
ination. This  should  be  introduced  by  an  appropri- 
ate statement  which  may  be  as  follows  :  "  Mr.  Jones, 
Defendant's  attorney,  here  read  the  cross-examin- 
ation." Objections,  etc.,  upon  the  cross  examination 
should  be  treated  in  the  manner  just  described. 

The  stenographer  should  insist  upon  marking 
papers  introduced  in  the  case  as  exhibits,  unless  the 
character  of  the  paper  taken  in  connection  with  the 
examination  of  the  witness  sufficiently  identifies  it. 
Often,  several  papers  will  be  presented  to  a  witness 
for  inspection,  and  as  to  each  of  them  the  counsel 
may  ask  :  "  Is  that  your  signature  to  that  pa- 
per?" If  the  lawyer  putting  the  questions  and 
exhibiting  the  papers  to  the  witness  be  inexperi- 
enced in  the  trial  of  causes,  he  will  invariably  omit 
to  have  the  papers  marked  by  the  stenographer  for 
identification.  In  such  a  case,  the  transcript  will 
not  be  of  any  value,  as  the  record  will  show  simply 
that  something  occurred  as  to  papers,  but,  what 
particular  papers,  will  be  unknown.  In  all  such  in- 
stances, the  reporter  should  stop  counsel  and  either 
mark  the  paper,  or  refer  to  it  by  proper  words  of 
identification.  In  all  such  and  similar  questions, 
when  papers  or  objects  are  shown  witnesses,  insert 
in  parenthesis  after  the  name  of  the*paper,  object  or 
word  referring  to  it,  the  word  "showing,"  following 
with  the  number  or  letter  of  the  exhibit,  whether 
plaintiff's  or  defendant's  exhibit,  and,  if  it  has  not 
been  marked,  or,  is  not  marked  at  the  time  of  show- 
ing it  to  the  witness,  other  words  which  appropri- 
ately  describe    the   paper.     Whenever   convenient, 


I04  Practical  Court  Reporting. 

obtain  the  information  necessary  to  make  these 
parenthetical  entries  without  interruption  of  the 
proceedings.  Frequently,  witnesses  testify  with  re- 
spect to  exhibits,  while  holding  several  of  them,  and 
refer  to  them  as  "  this  paper,"  "  this  deed,"  etc. 
Insist  upon  knowing  the  number  or  letter  of  the 
exhibit,  learning  which,  insert  it  in  parenthesis  in 
the  answer  after  the  words  "  this  paper,"  or  "  this 
deed,"  or  whatever  other  words  may  be  used. 

Some  years  ago,  a  case,  in  which  a  large  number 
of  exhibits  were  introduced,  was  tried  upon  one  side 
by  an  attorney,  who  could  not  have  had  much 
experience  in  the  trial  of  cases.  The  stenographer 
persistently  insisted  upon  marking  the  exhibits,  as 
they  were  shown  to  witnesses,  and  the  attorney,  with 
equal  persistency,  refused  to  allow  it  to  be  done. 
The  stenographer  finally  gave  up  in  despair  of  mark- 
ing any  papers  on  that  side  of  the  case.  He  recol- 
lected, however,  the  ancient  adage,  that  "  He  who 
laughs  last,  laughs  best."  A  transcript  of  the  case 
was  made.  That  part  relating  to  the  exhibits  shown 
witnesses  was  as  intelligible  as  the  average  Chinese- 
tea-chest  inscription.  A  short  time  after  the  tran- 
script had  been  delivered,  and  while  engaged  at 
another  circuit,  the  reporter  was  informed  that  an 
attorney  desired  to  see  him.     This  attorney  proved 

to  be  Mr.  ,  who  had   traveled   several   hundred 

miles  to  see  the  reporter  respecting  the  unintelligible 
references  to  the  exhibits.     The  latter  was  put  to 
the  trouble  of  procuring  his  notes  ;   the  attorney  go 
ing  home  in  the  meantime  and   returning  the  next 
day  to  compare  the  transcript  with  the  notes.     The 


A  Day  in  Couri.  lo 


J 


attorney  acknowledged  his  mistake  'in  not  heeding 
the  reporter's  suggestion,  and  went  to  his  liome  a 
wiser  man,  the  stenographer  making  no  attempt  to 
hide  his  satisfaction  at  having  taught  the  former  a 
good  lesson. 

The  stenographer  is  too  often  treated  by  lawyers 
as  a  mere  instrument  or  "  arm  "  of  the  court.  Many 
of  them  become  better  lawyers,  have  more  logical 
ideas  respecting  the  trial  of  causes,  the  rules  of  evi- 
dence and  the  general  management  of  cases  in  court 
than  some  attorneys.  It  is  but  the  natural  result  of 
their  experience,  the  consequence  of  the  object  les- 
sons which  they  are  daily  taught.  They  have  the 
opportunity  of  stud)'ing  the  best  models,  both  in 
court  and  in  transcribing  their  notes.  Let  a  sten 
ographer  select  some  particular  branch  of  the  work 
in  court,  and  study  it  systematically;  for  instance, 
that  of  the  cross-examination  of  witnesses.  If  he  be 
also  a  lawyer,  he  will  be  surprised  by  the  benefit 
derived  from  this  course  of  study  and  training. 
When  he  comes  to  try  cases,  he  will  unconsciously 
adopt  in  the  cross  examination  of  witnesses  the 
methods  used  by  the  best  practitioners,  who  have 
occupied  the  same  relation  to  this  part  of  his  educa- 
tion that  instructors  in  all  fields  of  learning  hold  to 
their  pupils.  No  better  plan  of  inculcating  the  rules 
of  evidence  can  be  suggested  than  that  of  the  work 
of  the  court  reporter.  Constantly  watching  the  trial 
of  cases,  listening  to  the  argument  of  objections,  the 
citation  of  authorities,  rulings,  remarks  and  charges  of 
courts,  the  stenographer  must  be  a  veritable  block- 
head if  he  do  not  become  a  pretty  fair  lawyer.     Let 


io6  Practical  Court  Reporting. 

not  the  stenographer  attempt  to  impress  this  upon 
the  public.  Once  a  stenographer,  always  a  sten- 
ographer, is  a  rule  that,  so  far  as  the  "  Dear  Public  " 
is  concerned,  is  enforced  with  strictness.  In  addi- 
tion to  this  training,  he  will  acquire  a  deep  insight 
into  many  phases  of  human  nature  which  other- 
wise would  have  been  to  him  as  a  sealed  book.  It 
is  unnecessary  to  repeat  the  references  so  often  made 
to  the  shining  lights  of  the  legal  profession  who 
began  the  stern  struggle  of  life  at  the  reporter's  desk 
in  the  court-room.  A  supreme  court  judge  was 
heard  to  remark  not  long  since,  that  Mr.  X.  was  the 
best  equity  lawyer  practicing  at  the  bar  of  his  county. 
Mr.  X.  a  few  years  since  was  actively  engaged  in 
court  reporting. 

Reference  has  been  made  to 

STIPULATIONS. 

A  stipulation  is  the  verbal  or  written  statement  of  a 
proposition  of  law,  a  series  of  facts,  or  an  agreement  to 
do,  or  refrain  from  doing,  an  act  or  acts,  as  to  which  the 
parties  to  the  stipulation  agree.  All  these  features 
may  be  embraced  within  a  single  stipulation.  The 
subjects  of  stipulations  are  unlimited.  It  is  un- 
necessary to  state  that  the  exact  language  of  the 
parties  to  the  stipulation  should  be  entered  in  the 
minutes.  Sometimes  considerable  discussion  is  neces- 
sary before  the  contents  or  verbiage  of  a  stipulation 
can  be  agreed  upon.  To  take  such  a  discussion  is 
to  "  lumber  "  the  record  with  useless  rubbish.  In 
such  cases,  request  the  Court  or  counsel  to  state  the 
language  in  which  it  is  desired  to  clothe  the  stipula- 


A  Day  in   Court.  107 

tion.  If,  after  such  request,  the  stenographer  is 
asked  to  do  it,  he  should  attempt  it  only  when 
confident  of  his  ability  to  express  in  language,  which 
shall  neither  add  to,  nor  detract  from,  the  identical 
agreement  of  the  respective  counsel.  If  he  doubt 
his  ability  to  do  this,  it  is  his  sworn  duty  to  require 
it  to  be  dictated.  The  importance  of  this  will  be 
apparent  when  it  is  remembered  that  a  party  to  a 
stipulation  is  bound  by  its  terms.  He  can  neither 
explain  nor  contradict  it.  In  almost  every  other  in- 
stance a  party  may  explain,  contradict  or  show  sur- 
prise, and  thus  get  relieved  from  many  steps  taken 
or  acts  performed.  But,  not  so  with  respect  to  a 
stipulation  ;  he  is  forever  estopped  from  denying, 
contradicting  or  explaining  it. 

Adjournments  are  taken  for  lunch  and  from  day 
to  day  during  the  trial  of  an  action  in  court.  These 
should  be  noted  in  the  minutes.  Such  entries  prove 
valuable  in  deciding  disputed  questions  of  time.  A 
sufficient  entry  in  longhand  respecting  recesses  is 
"  recess  for  dinner  (or)  lunch  (or)  supper,"  intro- 
ducing the  subsequent  proceedings  upon  the  con- 
vening of  court  with  "afternoon  session  2  P.  M."  or 
"  Evening  session  7:30  P.  M."  The  adjournment  at 
the  close  of  the  day's  proceedings  may  be  in  this 
form  written  in  longhand,  "  Adjourned  to  Tuesday, 
October  20th,  1891,  at  9  A.  M.,"  prefacing  the  pro- 
ceedings of  the  next  day  with  the  words  written  in 
longhand:  "Tuesday,  Oct.  20th,  1891,  9  A.  M."  If 
the  examination  of  a  witness  be  not  finished  at  the 
time  of  adjournment,  and  it  be  resumed  upon  the 
convening  of  court,  it  is  well  to  re-write  the  name  of 


io8  Practical  Court  Reporting. 

the  witness  in  longhand,  stating  which  examination 
is  continued,  and  by  whom  it  is  resumed.  These 
longhand  entries  taken  in  connection  with  the  entry 
respecting  the  adjournment  will  afterward  prove 
valuable  in  searching  for  testimony.  In  some  States 
there  is  a  requirement  of  practice  respecting  criminal 
cases  that  at  the  time  of  adjournment  the  court  shall 
caution  the  jury  to  refrain  from  conversing  among 
themselves,  or  with  other  persons  or  listening  to  con- 
versation respecting  the  case  during  the  trial.  When 
this  requirement  has  not  been  declared  by  statute, 
the  custom  of  making  such  a  statement  has  grown 
up.  It  is  unnecessary  to  enter  this  in  the  record, 
for  this  reason :  A  legal  presumption  exists  that 
certain  officers  have  performed  their  duty;  and, 
whenever  that  becomes  the  subject  of  inquiry,  the 
burden  is  cast  upon  the  party  alleging  non-perform- 
ance of  proving  it.  If,  however,  during  the  course 
of  a  criminal  trial,  the  Qowxt  fail  to  instruct  the  jury 
in  accordance  with  the  statutory  requirement,  the 
stenographer  should  note  the  fact  of  such  failure  in 
the  record. 

Having  introduced  all  the  testimony  upon  his  side 
of  the  case  which  he  deems  necessary. 

THE    PLAINTIFF   RESTS, 

And  so  does  the  stenographer  —  for  a  brief  period. 
The  plaintiff  may  rest  —  that  is,  close  his  case  —  ab- 
solutely, or,  by  permission  of  the  Court,  conditionally. 
In  the  latter  case  the  Court  permits  the  plaintiff  to 
reserve  the  right  to  introduce  further  testimony,  the 
character   of  which   the   Court   usually  requires  the 


A  Day  in  Court.  109 

plaintiff  to  state.  Sometimes  the  Court  specifies  a 
later  time  during  the  trial  within  which  this  testi- 
mony must  be  put  in.  The  plaintiff  resting  or  clos- 
ing his  case  absolutely,  the  reporter  enters  in  bold 
longhand  characters  the  words,  "  Plaintiff  Rested," 
or  "  Plaintiff  Rests."  \^  the  Court  permit  this  step 
to  betaken  conditionally,  as  just  stated,  there  should 
be  added  to  the  words  last  quoted  the  words,  which 
may  be  in  shorthand,  "  reserving  the  right  to  intro- 
duce the  ^testimony  of  (here  insert  in  longhand 
the  name  of  the  witness)  John  Doe,"  and  if  the 
subjects  as  to  which  such  witness  may  be  exam- 
ined are  specified,  add  the  proper  words  of  limitation. 
Or,  it  may  be,  that  the  plaintiff  desires  to  reserve  the 
right  to  "  introduce  "  a  paper  in  evidence.  In  that 
contingency,  after  the  word  introduce,  add  a  sufficient 
description  of  the  paper  proposed  to  be  thereafter 
offered  in  evidence.  Plaintiff  having  rested,  index 
the  page  of  the  notes  upon  which  it  occurs  upon  the 
"temporary  memorandum"  sheet. 

Motions  for  a  dismissal  of  the  complaint,  or  for  a 
nonsuit,  or  that  the  Court  direct  the  jury  to  render 
a  verdict  for  the  defendant  are  generally  made  at 
this  stage  of  the  case.  Arguments,  more  or  less  ex- 
tended, occur  upon  these  motions,  in  which  the 
testimony  of  the  plaintiff's  witnesses  is  discussed /r^^ 
and  co?i,  as  well  as  the  principles  of  law  involved 
in  the  case.  Frequently  the  stenographer  is  re- 
quired to  read  much  of  this  testimony  at  such 
times.  Whichever  motion  is  made,  it  should  be 
taken — fully  and  accurately.  Sometimes  the  grounds 
of  the  motion  are  not  formally  stated,  being  presented 


110  Practical  Court  Reporting. 

to  the  Court  in  the  argument.  The  instructions, 
heretofore  given  in  this  chapter  respecting  the  digest- 
ing of  the  points  made  by  counsel,  apply  to  the  pro 
ceedings  now  being  considered.  It  is  but  a  few 
weeks  since  that  at  this  stage  of  the  case  the  defend- 
ant's attorney  made  a  motion  for  a  dismissal  of  the 
complaint  and  presented  the  points,  relied  upon  by 
him  for  the  granting  of  the  motion,  in  the  form  of 
an  argument  to  the  Court,  utterly  ignoring  the  fact 
that  the  stenographer's  duty  was  to  make  a  record 
of  the  motion,  showing  each  ground  presented  by  it. 
The  scribe  mentally  digested  the  argument,  accord- 
ing to  his  comprehension  of  it  and  inserted  in  his 
notes  the  points  so  digested.  This  record,  including 
the  ruling  and  exception,  consisted  of  fifty-seven 
words  ;  a  little  more  than  half  a  folio.  Had  the  ar- 
gument and  discussion  been  reported  verbatim,  the 
stenographer  would  have  been  kept  busy  writing  ten 
or  twelve  folios  of  matter  at  a  time,  when  he  ought 
to  have  been  resting  ;  the  defendant  instead  of  paying 
three  cents  (the  legal  rate  for  transcript  in  New  York 
Supreme  Court  is  six  cents  per  folio)  for  this  record 
would  have  been  compelled  to  pay  from  seventy- 
five  cents  to  a  dollar.  This  treatment  of  the  motion 
appears  to  have  been  satisfactory,  no  objections  hav- 
ing been  made  to  it  since  the  delivery  of  the  tran- 
script. A  convenient  form  of  introducing  the  state- 
ment (written  in  shorthand)  of  such  motions  is  :  "  De- 
fendant moved  that  the  plaintiff  be  nonsuited  "  or 
"  Defendant  moved  for  a  nonsuit,"  or  "  Defendant 
moved  that  the  complaint  be  dismissed,"  or  "  De- 
fendant moved  for  a   dismissal  of  the   complaint," 


A  Day  in  Court.  1 1 1 

adding  to  the  form  used  the  words  "  upon  the  fol- 
lowing grounds,"  subdividing  the  grounds  into  first, 
second,  third,  etc.,  etc.  If,  however,  the  grounds  be 
not  formally  stated,  and  it  become  necessary  to 
digest  them,  instead  of  the  words  last  quoted,  use 
the  words  above  suggested  to  introduce  the  motion, 
and  add  the  following  language:  "for  the  reason 
that,"  or  "  upon  the  grounds  that,"  continuing  with 
language  appropriate  to  show  each  point  digested. 
The  introductory  clause  should  not  be  used  before 
each  ground  digested  ;  separate  each  point  with  a 
semicolon,  or  write  the  introductory  statement  in 
the  form  of  a  general  heading,  punctuated  with  a 
colon,  and  paragraphing  each  ground.  This,  as 
well  as  other  forms,  will  be  given  in  a  subsequent 
chapter. 

These  motions  having  been  disposed  of  the 
DEFENDANT   OPENS   THE   CASE. 

Following  this  step  substantially  the  same  pro- 
ceedings will  occur  as  have  been  described  upon  the 
plaintiff's  side  of  the  case,  and  to  which  the  instruc- 
tions given  will  apply.  The  examination  of  wit- 
nesses, objections,  exceptions,  motions,  arguments, 
rulings,  offers  to  prove  or  show  and  remarks  of 
the  Court  should  be  subjected  to  the  same  treat- 
ment as  similar  proceedings  upon  the  part  of  the 
plaintiff,  until  the 

DEFENDANT  RESTS. 

The  last  two  words,  or  the  words  "  Defendant 
Rested  "  should  be  entered  in  bold,  longhand  charac- 
ters in  the  minutes.     The  plaintiff  may  again    ex- 


112  Practical  Court  Reportmg 

amine  witnesses  and  introduce  other  testimony.  This 

is  termed 

THE    REBUTTAL 

The  object  of  the  proceedings  "on  rebuttal,"  is  to 
explain,   modify    or    contradict    the  effect    of  those 
taken    by  the  defendant.      It    bears   to    the    case  a 
relation   similar  to  that   which    the    re-direct-exam- 
ination   sustains    to    the    cross-examination    of    a 
witness,    before    explained.     Hence,    its    scope    is 
limited  to  explanation,  contradiction  or  modification 
of  the  defendant's   case.      It  is  during  this  part  of  a 
trial  that  the  disputes  mentioned   in  this  chapter  re- 
specting testimony  given  by  defendant's  witnesses 
upon  cross-examination  arise,  and  requests  to  turn 
to  and  read  such  testimony   occur  with   unpleasant 
frequency,    if   one    be    not   ready    to    find    and    apt 
to  read  it.     The  "  indented  "  method  of    note-tak- 
ing, the    index    upon    the    "  temporary    memoran- 
dum "  sheet,  the  waved  line  opposite  questions  and 
answers    as    given,  are    appreciated    at    such  times. 
With  these   ready  assistants,   the  stenographer  ap- 
proaches the  search    for  testimony    with    light   fin- 
gers  and    a    confident    feeling,    knowing    that    its 
discovery  will  be,  usually,  the  work  of  but   a  few 
minutes.     Upon  the  rebuttal,  the  narrative  form  of 
note-taking    may    be    used    advantageously    by   the 
stenographer,    because    of  its    labor-saving    charac- 
teristics   and    relief    from    the    usual    method.      It 
is  appreciated   by   the   unsuccessful    attorney,  who, 
desirous  of  getting  a  transcript,  is  surprised  —  some- 
times—  to  know  that  "the  expense   is   not  so   very 
much  after  all ;"  and  that,  therefore,  if  his  client  will 


A  Day  in  Court.  1 1 3 

not  advance  the  transcript  fees  he  will,  as  he  is 
exceedingly  anxious  to  give  the  appellate  court  an 
opportunity  to  correct  the  errors,  which,  he  is  firmly 
convinced,  the  trial  court  has  committed.  The 
plaintiff  having  closed  upon  the  rebuttal,  the  defend- 
ant may,  if  any  new  matters  have  been  introduced 
since  closing  his  case,  put  in  additional  testimony  in 
reply  to  such  new  matters,  or  other  testimony  given 
upon  plaintiff's  rebuttal,  to  explain,  contradict  or 
modify  the  same.  Plaintiff  may  then  "  take  another 
hand  at  the  oars,"  if  any  facts  be  introduced  by  the 
defendant  which  the  former  can  rebut,  reply  to  or 
explain.     This  procedure  has  received  the  suggestive 

appellation  of 

"SEE-SAWING." 

Finally,  the  Court  calls  a  cessation  of  hostilities  by 
declaring  that  "  this  see-sawing  "  is  growing  monoto- 
nous, and  the  heart   of  the  weary   scribe  rejoiceth 

when 

"  TESTIMONY   CLOSED  " 

is  announced.  The  jury  heave  a  sigh  of  relief;  the 
clerk  winks  again  at  the  venerable  crier,  but  alas  !  that 
worthy  personage  is  still  sweetly  reposing  in  the 
arms  of  Morpheus,  unconscious  of  the  big  clock  over 
the  door  gleefully  ticking  out  its  appreciation  of  the 
turn  affairs  have  taken.  The  "  Dear  Public  "  in  the 
back  seats  communicate  to  each  other  their  prog- 
nostication of  the  result  of  the  case,  in  tones  that 
awaken  the  sleeping  constable  perched  upon  the 
railing  of  the  bar,  recalling  him  from  the  contempla- 
tion of  a  dream-picture  of"  double-day"  juries  and 
suppers  galore. 


114  Practical  Court  Reporting. 

At  this  stage  of  the  trial,  the  various  motions 
which  have  been  described,  may  be  renewed  by 
either  of  the  attorneys  for  the  parties.  The  plain- 
tiff's attorney  may  be  of  opinion  that  the  testimony 
introduced  by  the  defendant  does  not  sufficiently 
controvert  that  of  the  plaintiff,  to  raise  a  question 
of  fact  to  submit  to  the  jury.  Accordingly,  plain- 
tiff's attorney  may  move  the  Court  to  direct  the  jury 
to  render  a  verdict  for  the  plaintiff.  The  defend- 
ant's attorney  may  be  of  the  opinion  that  the  plain- 
tiff has  not  shown  facts  sufficient  to  constitute  a 
cause  of  action,  and  that  upon  all  the  testimony  in 
the  case  there  is  no  question  of  fact  to  submit  to  the 
jury,  and  hence,  he  moves  upon  those  grounds  that 
the  Court  direct  the  jury  to  render  a  verdict  for  the 
defendant.  This  class  of  motions  is  termed,  "  mov- 
ing for  a  direction."  The  defendant  may  also  renew 
his  motion,  made  at  the  time  the  plaintiff  rested,  for 
a  nonsuit.  He  may  also  move  for  a  dismissal  of  the 
complaint.  Either  attorney  may  at  this  time  re- 
quest the  Court  to  make  certain  rulings  upon  the 
main  issues  in  the  case.  This  arises  usually  upon 
the  request  of  one  of  the  attorneys  to  the  Court  to 
"  hold  and  rule  "  that  certain  specific  questions  in  the 
case  should  be  submitted  to  the  jury;  or  that  there 
is  no  question  of  fact  to  submit  to  the  jury.  Of  all 
these  motions,  counter  motions,  and  requests,  a 
faithful  record  should   be  kept  by  the  stenographer. 

At  this  time  the  Court  frequently  makes  rulings 
and  holdings,  accompanied  by  remarks,  which  are  of 
vital  importance  in  the  case.  These  rulings  and 
holdings  are  generally  stated  with   more   formality 


A  Day  in  Court.  ilS 

than  at  any  other  time  in  the  trial,  and  the  reporter 
should  record  them  fully.  These  matters  being  dis- 
posed of,  that  period  in  the  case  upon  which  the 
eyes,  and  toward  which  the  efforts,  of  every  aspiring 
law-student  are  directed,  is  reached  — 

"SUMMING  UP," 
or  the  presentation  of  the  arguments  of  counsel  to 
the  jury.  In  almost  all  States  of  the  Union,  to  the 
party  having  the  affirmative  of  the  issue,  the  closing 
argument  is  accorded.  If,  in  the  case  on  trial,  the 
affirmative  be  with  the  plaintiff,  the  defendant's 
counsel  first  presents  his  argument  to  the  jury;  and 
vice  versa.  Between  the  close  of  the  testimony  and 
the  charge  of  the  Court  to  the  jury,  the  reporter 
usually  experiences  a  well-earned  season  of  rest. 
Sometimes,  however,  he  may  be  kept  busily  engaged 
in  transcribing  abstracts  of  testimony  of  witnesses 
for  the  use  of  the  Court  or  counsel.  Occasionally, 
counsel,  having  solely  in  view  the  interests  of  Pos- 
terity, request  the  "  shorthand  man  "  to  preserve  the 
logic,  wit  and  learning  with  which  in  words  of  burn- 
ing eloquence  it  is  expected  to  demonstrate  to  the 
gentlemen  of  the  jury  that  "  the  vile  aspersions 
which  have  been  cast  upon  the  fair  name  and 
reputation  of  this  pure  woman,  the  defendant,  are 
without  one  scintilla  of  truth,  and  were  begotten 
in  the  lurid  imagination  of  this  plaintiff,  who, 
gentlemen  of  the  jury,  is  a  man  devoid  of  all 
sense  of  honor ;  who,  by  his  own  confession,  is  a 
blackleg,  and  a  villain  of  the  deepest  dye  ;  a  scoundrel 
and  a  perjurer;  a  dcspoiler  of  virtue,  and  a  fiend  in- 
carnate."    The  aforesaid  "  shorthand  man  "   feeling 


1 1 6  Practical  Court  Reporting. 

o'ershadowed  by  the  solemnity  and  exigency  of  the 
occasion,  viewing,  in  perspective,  the  unfortunate 
consequences  of  a  denial  of  these  promised  bon  mots 
to  Posterity,  yields,  under  the  impulse  of  the  mo- 
ment, to  the  importunities  of  counsel  and  promises 
"  to  take  '  IT.'  "  It  was  upon  an  occasion,  similar  to 
this,  that  a  court  stenographer  consented  to  lend  his 
skill  in  behalf  of  the  interests  of  "  generations  yet 
unborn"  by  "  bottling  "  the  eloquence  of  defendant's 
attorney.  The  attorney  was  young,  and  possessed,  in 
a  marked  degree,  that  characteristic  which  the  "  Dear 
Public  "  have  sealed  as  the  srire  indication  of  true 
eloquence — unlimited  lung  power  !  What  though 
his  rhetoric  rvas  defective ;  his  sentences  ungram- 
matical ;  his  historic  allusions  bad,  and  his  quotations 
worse?  Was  it  not  sufficient  that  his  thunder  proved 
superlative?  his  grandiloquence  unapproachable  ?  his 
bombast  incomparable?  Did  not  his  witticisms 
"bring  down  "  the  back  seats?  And  as  evidence  of 
the  power  of  his  pathos,  could  mortal  ask  more  than 
the  briny  tears  that  flooded  the  eyes  of  his  fair  client  ? 
With  all  these  aids  to  the  demonstration  of  the  jus- 
tice of  his  client's  cause,  is  it  to  be  wondered  that 
his  eloquence  proved  effectual  in  —  defeating  him? 
But,  if  the  case  were  lost,  the  emphatic  indorsement 
of  the  "back  seats"  had  been  secured;  and  the 
"  shorthand-man  "  must  write  "  IT  "  out.  This  was 
done  —  theoretically.  A  verbatim  transcript  and 
the  existence  of  the  reputation  of  the  attorney 
were  impossible.  The  speech  must  be  "  dressed," 
which  was  done  by  the  scribe.  So  far  as  neces- 
sary,  the  original  was   preserved.     Few  sentences, 


A  Day  in  Court.  1 1 7 

however,  escaped  reconstruction.  Some  additions 
were  made  that  afterward  proved  particularly  agree- 
able to  the  lawyer.  One  of  these  was  something  like 
this:  "Gentlemen  of  the  jury:  the  counsel  for  the 
plaintiff  will  attempt  to  villify  the  defendant.  Look 
upon  her!  Note  well  those  tear-bedimmed  orbs  I 
Let  not  that  pallid  cheek,  those  quivering  lips  and 
that  bowed  head  escape  your  observation.  They 
mutely  plead  to  you  in  eloquence  that  far  surpasses 
mine.  Do  you  believe  her  bad?  do  yoic  think  her 
capable  of  wrong?  No,  gentlemen,  she  is  as  pure 
and  unsullied  as  the  icicle  that  hung  from  the  temple 
of  Diana!  "  On  delivery  of  transcript,  the  prompt 
remittance  for  this  effort  of  the  humble  stenographer 
was  accompanied  by  a  note  of  congratulation  "  for 
the  accuracy  and  fidelity  of  the  report  "  of  the  speech, 
which  was  afterward  published  in  the  county  press 
as  the  "  eloquent  effort  "  of  Counselor  Tugmutton,  of 
Tugmuttonville. 

The  stenographer  will  be  required  at  times  to  read 
portions  of  the  testimony  of  witnesses  during  the 
summing  up.  The  arguing  counsel  may  be  charged 
by  his  opponent  with  misstating  the  evidence  to  the 
jury.  A  dispute  will  then  arise  respecting  the  evi- 
dence given,  resort  usually  being  had  to  the  report 
er's  notes  to  decide  it.  If  the  stenographer  follow 
the  argument  of  counsel,  he  will  know  the  instant  the 
disagreement  occurs  to  what  testimony  reference  is 
made.  Let  him  immediatel)',  without  waiting  for  a 
request,  look  up  the  disputed  point.  Usually  b\- 
the  time  such  request  reaches  him,  he  will  have 
found   and   read  the  testimon)'.     The  request  being 


1 1 8  Practical  Court  Reporting. 

made,  he  reads  the  disputed  testimony  without  diffi- 
culty. This  plan  of  immediately  looking  up  dis- 
puted parts  of  testimony  before  being  requested 
so  to  do,  can,  frequently,  be  used  during  the  exam- 
ination of  witnesses.  By  following  it,  the  sten- 
ographer will  find  and  read  portions  of  his  notes 
readily,  and  will  acquire  the  reputation  of  being  a 
good  reader.  These  little  "tricks  of  the  trade" 
are  invaluable  to  the  practitioner,  who,  after  a  few 
years  of  experience,  learns  that,  as  in  piscatorial 
sport  "  it  is  not  all  of  fishing  to  fish,"  so  in  court 
work,  it  is  not  all  of  court  reporting  to  scribble 
shorthand.  It  is  also  advisable  to  follow  the  argu- 
ment of  counsel  to  the  jury,  because  objections  and 
exceptions  may  be  made  and  taken  to  portions  of 
it.  If  the  stenographer  be  listening,  he  knows  the 
language,  or  its  substance,  used  by  counsel  to  which 
objection  is  made  or  exception  is  taken,  and  writes 
it  in  his  notes  with  the  ruling  of  the  Court  and  all 
proceedings  that  take  place  respecting  it.  It  may 
be  that  counsel,  during  the  argument,  reads,  or  pro- 
poses to  read,  from  a  book  to  which  his  opponent 
interposes  an  objection.  Definite  reference  should 
be  made  to  the  book  and  the  portion  thereof  which 
is  read  or  proposed  to  be  read,  as  well  as  record- 
ing the  objection,  etc.  By  studying  the  forms 
previously  given  respecting  other  matters,  the 
stenographer  will  encounter  no  serious  difficulty 
in  the  selection  of  appropriate  language  in  which 
to  clothe  the  entries  made  in  his  notes  regard- 
ing proceedings  occurring  during  the  argument  of 
counsel. 


A  Day  in  Court.  "9 

The  attorneys   for    both  parties   having,  in  turn, 
"labored"  with  the  jury, 

THE   CHARGE    OF   THE   COURT 
follows.     "  Charging    the  jury,"  as   it  is    invariably 
termed,  is  an  address  by  the  Court  to   the  jury,  in 
which,   after   a   brief  description    of   the    character 
of  the  action,  a  concise  review  of  the   facts   proven 
in  the  case  by  the  respective  litigants,  and  a  state- 
ment  of   the    conclusions    which    the    plaintiff  and 
defendant    contend   should    be   drawn  by  the   jury 
from    such  facts,    he  "  charges  "    or  instructs   them 
respecting    the    principles    of  law    which    apply   to 
the    various    questions   of  fact  submitted    to    them 
for  decision.     The  importance  of  what  has  been  re- 
peatedly referred  to  as  the  main,  the  collateral  and 
the  incidental  issues  will  now  be  apparent.     Theo- 
retically, before  a  verdict  is  rendered  for  the  plain- 
tiff or  for  the   defendant,  the  jury,  in  most   cases, 
must  have  decided  all  these  issues.      The  decision 
of  the  main  issue  is,  generally,  dependent  upon  the 
conclusions  reached  by  the  jury  upon  the  inciden- 
tal  and  collateral  issues.      So,   that   the  Court,  in 
charging,  usually  instructs  the  jury  with  respect  to 
the  order  in  which  the  questions  submitted  to  them 
shall  be  decided.     Sometimes,  the  manner  in  which 
the  jury  dispose  of  a  question  at  the  very  threshold 
of  their  deliberations  will  terminate  the  case.     The 
Court  will  first  charge  as  to  this  question,  instructing 
the  jury  that,  if,  upon  examining  it,  they  determine 
it  in  the  affirmative,  they  need   not   examine  any 
other  question,  but  must  render  a  verdict  either  for 
the   plaintiff  or  for  the  defendant,  according  to  the 


120  FracUcal  Court  J^eporting. 

determination    of  that    question    in    the    particular 
case.     If,  on    the    other    hand,  the   jury  determine 
it  in  the   negative,  they  are  instructed  to  proceed 
to   the   examination  of  the  other  questions  of  fact 
submitted  to  them.    These  various  questions  of  fact 
are   then   consecutively   stated   to  the  jury  in  clear, 
unmistakable  language.     The  Court,  as  to  each  ques- 
tion, refers  to  the  testimony, /r^  and  coji,  relating  to 
it,  or  instructs  the  jury  to  recall  it.     As  to  each  of 
such  questions  the  Court  also  instructs  the  jury,  that, 
if   they    find    the    plaintiff's    testimony    establishes 
the  proposition  contained  in  the  question,  by  a  pre- 
ponderance of  evidence,  they  must  find  a  verdict  for 
the    plaintiff;    if,  on    the    contrary,   they  find    that 
it  does  not,  or,  that  the  defendant's  testimony  nega- 
tives the  proposition,  the  Court   instructs  them  that 
they  must   render  a  verdict   for  the  defendant.     In 
some  cases,  several  of  these    propositions    may  be 
so    interdependent    that,    the    statement    of    them, 
and  the  rules  of  law  applicable  to  them,  are,  neces- 
sarily,   very    much    involved.     In     that    event,    the 
"  blind  "  stenographer  will   meet,   in   the  "  taking," 
and    afterward    in    reading,  his  notes,  a  formidable 
and,    usually,    victorious    enemy.      Explanation    of 
words  and  terms  is  frequently  made  by  the  Court 
to  the  jury.     This  being  repeatedly  done  in  charges, 
the  experienced  stenographer  anticipates,  somewhat, 
when  the   subject  is  first   introduced,  the   language 
of  the  Court.     The  difference  in  the  meaning  of  the 
terms  "  evidence  "  and  "  testimony  "  is    usually   ex- 
plained.    One  judge,  eminent  in  his  profession,  and 
upon  the  Bench  for  his  wide  learning  and  spotless 


A  Day  in  Court.  121 

integrity,  invariably  charges  the  jury  with  respect  to 
these  words  in  hinguage  very  much  Hke  this  :  "  There 
is  a  difference,  gentlemen,  in  the  legal  meaning  of 
the  words  '  testimony  '  and  *  evidence.'  Oral  testi- 
mony consists  of  the  sworn  statements  of  witnesses. 
It  may  be  true  or  false.  Evidence  is  the  effect  of 
testimony.  It  is  that  which  carries  conviction  to 
the  mind  ;  it  is  that  in  the  truth  of  which  you  have 
an  abiding  confidence." 

The  phrase  "  burden  of  proof"  is  often  the  subject 
of  explanation.  This  is  sometimes  defined  to  be  the 
onus,  or  the  burden,  cast  upon  a  party  who  alleges 
a  fact  to  show,  by  a  "preponderance"  of  evidence, 
the  truth  of  the  fact.  The  Court  usually  charges  the 
jury  that,  to  constitute  "  the  burden  of  proof,"  it  is 
not  necessary  that  the  party  upon  whom  it  is  thrown 
should  produce,  and  give  testimony  by,  a  greater 
number  of  witnesses  than  the  party  denying  it. 
"  Preponderance  "  of  evidence  is  defined  to  be  the 
"  weight  "  of  evidence  ;  i.  e.,  its  coyivincing  power 
upon  the  mind.  It  is  not  unusual  that  the  Court,  in 
charging  the  jury,  reads  extracts  from  law-books  and 
sometimes  from  scientific  works.  The  reading  is  of- 
ten so  rapidly  performed,  that  the  stenographer  may 
be  unable  to  "get  "  the  matter  read  ;  if  he  succeed 
in  taking  it,  he  may  feel  the  necessity  of  verifying 
his  notes  by  comparison  with  the  original.  In  either 
case,  the  reporter  should  not  hesitate  to  resort  to  the 
book  from  which  the  matter  was  read  ;  and,  either 
incorporate  such  matter  in  his  notes,  or  make  the  com- 
parison referred  to.  In  all  instances,  where,  for  any 
reason,  it  is  impossible  to  report  the  reading  of  por- 


122  Practical  Court  Reporting. 

tions  of  a  book,  or  of  a  paper,  the  opening  and  clos- 
ing words  of  the  part  read  should  be  taken,  and  a 
sufficient  space  left  in  which  afterward  to  write  the 
whole  of  the  matter  read.  Counsel  occasionally  sub- 
mit to  the  Court  written  statements  of  propositions 
of  law,  and  request  the  Court  to  charge  the  jury  in 
the  language  of  such  statements.  Sometimes  the 
Court  does  so.  These  written  statements  should  be 
obtained  at  the  conclusion  of  the  charge,  and  a  care- 
ful comparison  be  made  between  them  and  the  notes. 
If,  however,  the  Court  refuse  to  charge  in  the  lan- 
guage requested,  the  statements  should  be  taken 
in  the  notes  in  the  form  of  a  request  to  charge,  with 
the  ruling  and  exception  relating  thereto. 

The  charge  of  "  The  Lightning  Judge  "  has  been 
a  subject  of  wide  and  frequent  discussion  in  the 
stenographic  world.  His  peculiarities  of  speech  and 
idiosyncracies  of  thought,  have  been  the  theme  of 
the  writer  of  indifferent  prose,  and  the  touchstone  of 
inspiration  of  the  doggerel  rhymster. 

"  I  mean 
"Those  little,  piddling  witlings,  who  o'erween 
"  Of  their  small  parts,  the  Murphys  of  the  stage, 
"The  Masons  and  the  Whiteheads  of  the  age, 
"Who  all  in  raptures  their  own  works  rehearse, 
"And  drawl  out  measured  prose,  which  they  call  verse." 

He  has  been  painted  in  colors  fantastic,  and  clothed 
in  picturesque  costume  by  literary  dabblers.  His 
"charge"  has  been  set  to  unrythmical  rhyme,  and 
his,  "  Now,  then,  gentlemen,"  has  been  made  to 
dance  with  ghostly  speed  in  the  arms  of  his  "  gentle- 
men of  the  jury."  To  many  stenographers,  he  has 
been  an  object  of  awe  and  terror  —  a  sort  of  verbal 


A  Day  in  Court.  123 

cannibal,  who,  after  disabling  his  victim  by  a  series 
of  blows  from  a  linguistic  war-club,  throws  the  writh- 
ing wretch  upon  a  fire  of  burning  eloquence,  about 
which  he  executes  a  grotesque  dance  to  the  accom- 
paniment of  the  agonized  groans  and  cries  of  his 
slowly-roasting  victim.  From  the  silvery  lakes  of  the 
Pine  Tree  State  to  the  Golden  Gates  of  the  Pacific 
coast,  and  from  the  northern  wildsof  British  America 
to  the  Everglades  of  sunny  Florida  have  been  echoed 
and  re  echoed  the  silly  vaporings  of  would-be  chroni- 
clers of  judges'  charges.  In  plain  English,  too  much 
has  been  written  by  the  uninitiated  court  stenogra- 
pher upon  the  subject  of  the  difficulty  of  recording 
charges  because  of  the  high  rate  of  speed  at  which, 
it  is  popularly  supposed,  these  are  delivered;  while 
sufficient  light  has  not  been  shed  upon  the  question 
of  how  to  report  a  charge.  It  is  not  intended  to 
affirm,  that  some  judges  do  not  deliver  their  addresses 
to  the  jury  with  a  degree  of  speed  that  is  astonish- 
ing. The  point  sought  to  be  enforced,  however,  is, 
that  this  class  of  work  is  not  much  more  difficult  to 
the  court  reporter,  who  comprehends  the  subject- 
matter  of  the  charge,  than  is  the  taking  of  testi- 
mony of  witnesses.  Understanding  the  language 
used,  appreciating  the  application  of  the  principles 
of  law  to  the  facts,  one  follows  the  thread  of  the 
speaker's  discourse  and  "  carries  "  much  more  in  the 
mind  than  in  taking  testimony.  There  is  a  continuity 
of  thought  and  a  similarity  of  language  in  a  charge, 
as  in  a  speech  or  address  upon  any  subject,  that  is 
favorable  to  this  process  of  "carrying;"  while,  in 
taking  testimony,  the  ideas  and  language  reported  are 


124  Practical  Court  Reporting. 

the  result  of  the  operation  of  different  minds  —  that 
of  counsel  and  witness  — -  with  the  consequence, 
naturally,  that  a  series  of  changes  occurs  as  respects 
ideas  and  language,  and  the  rate  of  delivery  of  the 
latter.  It  is,  undoubtedly,  true,  that  these  changes 
attendant  upon  the  examination  of  witnesses,  make 
the  taking  of  testimony  more  exhausting  to  the 
nervous  system  than  it  would  be  were  questions  and 
answers  the  emanations  of  the  same  mind.  In  closing 
the  subject  of  the  charge,  it  may  be  stated,  that,  at 
times,  the  stenographic  skill  of  the  scribe  will  be 
taxed  to  its  full  extent ;  but,  if  he  have  sufficient  skill 
in  the  application  of  the  art  to  the  subject  in  hand, 
he  will  make  a  satisfactory  report  of  charges  as  they 
are  delivered  in  court. 

The  most  important  of  the  remaining  duties  of 
the  stenographer  in  the  trial  is  that  relating  to 

EXCEPTIONS   TO   THE    CHARGE,    AND     REQUESTS    TO 

CHARGE. 

These  arise  at  the  close  of  the  charge  to  the  jury. 
There  is  no  rule  as  to  the  order  in  which  the  respect- 
ive attorneys  shall  present  them  to  the  Court.  The 
nature  of  the  exception  here  treated  of  is  similar  to 
that  of  an  exception  to  a  ruling  upon  an  objection, 
which  has  been  fully  considered.  It  is  the  act  of 
calling  the  attention  of  the  Court  to  the  language  of 
parts  of  the  charge  which  the  attorney,  taking  the 
exception,  regards  erroneous  either  as  a  misstatement 
of  the  facts  proven  in  the  case,  or  of  the  law  appli- 
cable to  the  case.  After  the  attention  of  the  Court 
has  been  thus  called  to  the  language  which  is  the  sub- 
ject of  the  exception,  the  attorney  taking  it  usually 


A  Day  in  Court.  125 

"  requests  the  Court  to  charge  the  jury "  certain 
propositions  which  contain  his  version  of  the  facts 
and  his  understanding  of  the  law  applicable.  The 
Court  may  refuse  to  change  the  language  of  his 
charge ;  or,  upon  reflection,  the  language  of  the 
request  may  be  adopted.  In  the  first  case,  the  ruling 
ofthe  Court  is  usually  in  the  following  language: 
"  I  refuse  to  charge  as  requested,  or  otherwise  or 
differently  than  1  have  already  charged  the  jury  upon 
that  point."  The  language  of  the  Court  should  be 
taken  verbatim.  If  the  Court's  ruling  be  "  I  refuse 
to  so  charge,"  take  that  language.  If  the  Court 
adopt  the  request  to  charge,  enter  in  the  record 
below  the  request  the  words  in  shorthand,  "so 
charged."  Very  frequently,  the  Court,  upon  an  ex- 
ception being  taken  to  the  charge  and  a  request  to 
charge  being  made,  adopts  the  language  of  the  re- 
quest with  some  modifications,  which  are  then  stated 
to  the  jury.  Or,  the  Court  may  refuse  to  charge  as  re- 
quested, and  proceed  to  amplify  the  charge  as  made 
upon  the  point  contained  in  the  request.  All  should 
be  understandingly  reported  in  full.  Beside  excep- 
tions being  taken  to  portions  of  the  main  charge, 
they  are  usually  taken  by  an  attorney  when  the 
Court  refuses  to  charge  in  the  precise  language  of 
his  request ;  or,  when  the  Court,  after  charging  that 
language,  proceeds  to  modify  or  limit  its  application. 
The  form  of  an  exception  to  the  refusal  to  charge  as 
requested,  may  be :  "  Defendant  (or  plaintiff;  ex- 
cepted." If  the  Court,  in  addition  to  refusing  to 
charge,  supplement  such  refusal  with  words  of  limita- 
tion  or  modification,  the   attorney  making   the   re- 


126  Practical  Court  Reporting. 

quest  may  except  to  those  words.  In  that  case,  add 
to  the  first  farm  just  given  the  words  "  to  the  refusal 
to  charge  and  excepted  to  the  charge  as  made."  If 
the  Court  charge  the  language  of  the  request,  and 
Hmit  or  explain  its  application,  and  the  party  making 
the  request  excepts,  combine  and  use  both  forms  of 
the  exception.  Usually  one,  and  in  a  very  few  cases, 
both  of  the  attorneys  except  to  ruHngs  upon  requests 
to  charge.  If  the  Court  rule  with  the  party  making 
the  request,  the  opposing  attorney  usually  excepts. 
To  illustrate :  if  the  plaintiff's  attorney  make  a  request, 
which  the  Court  charges,  the  defendant's  attorney 
excepts ;  and  vice  versa.  The  words  "  Plaintiff  (or 
defendant)  excepted  "  is  a  convenient,  and  ample  form 
to  use  for  the  latter  class  of  exceptions.  Much  care 
and  close  attention  must  be  bestowed  upon  this  stage 
of  the  case.  As  remarked  in  the  first  chapter,  prob- 
ably more  causes  are  reversed  upon  appeal,  because 
of  errors  committed  by  the  trial  court  in  charging, 
or  refusing  to  charge  propositions  presented,  than 
for  any  other  reason.  Sometimes,  the  fate  of  the 
case  may  hang  upon  a  few  words,  and  a  careless  or 
incompetent  stenographer  may  bring  unlimited 
trouble  and  great  expense  to  litigants  by  poor  work 
at  this  stage  of  the  proceedings. 

The  counsel  having  exhausted  their  "  requests," 
the  Court  formally  addresses  the  clerk  with  "  swear 
an  officer,  Mr.  Clerk."  The  officer  being  duly  sworn, 
the  twelve  gentlemen  of  the  jury  file  out  of  the 
court-room,  under  his  lead,  by  whom  they  are  ushered 
into  a  chamber,  the  proportions  of  which  may  be 
fully  eighteen  feet  long  and  as  much  as  a  dozen  feet 


A  Day  in  Court.  127 

wide,  its  walls  tastefully  decorated  by  the  picturesque 
stains  of  stray  tobacco  "  cuds"  and  the  floor  prettily 
carpeted  by  a  generous  coating  of  ancient  dirt,  in 
artistic  conformity  with  its  cobwebbed  windows.  It 
is  here,  within  this  spacious,  well-appointed  room 
this  "  private  and  convenient  place,"  midst  surround- 
ings so  conducive  to  logical  deliberation  upon  ques- 
tions of  life  or  death,  right  or  wrong,  seated  upon 
luxuriousl}--  easy  wooden  chairs,  or  reclining  upon  — 
the  floor  —  that  these  "good  men  and  true"  are 
"  kept  without  meat  or  drink  "  under  lock  and  key 
"  until  they  are  discharged."  Is  it  surprising,  that, 
with  such  agreeable  environment,  in  an  atmosphere 
laden  with  the  perfume  of  tobacco  smoke,  exhaled 
from  aesthetic  "  corn-cobs,"  the  peculiar  phenomenon 
of  eleven  stubborn  jurors  and  one  logical  juryman 
should  be  presented?  In  other  words  is  it  astonish- 
ing—  is  it  not,  rather,  to  be  expected,  that  under 
such  manifestly  improper  circumstances  jurors  will 
disagree?  and  that  litigants  will  be  put  to  a  retrial 
of  cases  at  the  expense  of  their  pocket-books,  and 
to  the  financial  emolument  of  lawyers  ? 

Jurors  sometimes  have  strange  experiences.  It  is 
not  a  year  ago  that  a  jury  was  sent  to  deliberate 
upon  a  verdict  into  a  room  similar  to  that  just  de- 
scribed. Ballot  after  ballot  was  cast,  but  without 
hope  of  reaching  a  verdict.  Among  the  jurymen 
was  a  gentleman  noted  for  his  wit,  good  temper  and 
uprightness  as  a  citizen,  and  as  having  served  with 
distinction  during  the  war  of  the  Rebellion.  Realiz- 
ing that  resort  to  strategic  tactics  was  necessary  in 
order  to  dislodge  the  enemy  from  its  strong  position. 


128  Practical  Coin-t  Reporting. 

and  feeling  the  spirit  of  martial  music  stirring  within 
him,  he  struck  up  "  Sherman's  March  to  the  Sea," 
accompanying  the  opening  words  by  marching  to  the 
time  of  that  stirring  song.  Involuntarily,  his  co- 
jurors joined  him,  and  the  sound  of  their  combined 
voices  rang  through  the  old  court-house,  to  the  regu- 
lar tramp,  tramp,  tramp  of  their  moving  feet.  The 
measure  proved  effectual.  The  old  soldier  converted 
his  eleven  stubborn  colleagues  to  his  views,  and  the 
plaintiff  got  a  verdict. 

Upon  the  retirement  of  the  jury  at  the  end  of  the 
trial,  the  exhibits  in  the  case,  or  some  of  them,  may 
be  submitted  to  them.  The  stenographer  should 
make  an  entry  in  his  notes  of  the  papers  so  submit- 
ted, stating,  according  as  the  fact  may  be.  whether  it 
is  by  direction  of  the  Court  or  by  consent  of  the  re- 
spective counsel. 

The  retiring  jury  having  fully  entered  upon  the  in- 
vestigation of  the  case,  a  dispute  may  arise  among 
them  as  to  portions  of  the  evidence.  They  communi- 
cate this  to  the  Court  in  writing,  through  the  medium 
of  the  officer,  with  a  request  to  have  such  evidence  read 
to  them  by  the  stenographer.  Generally,  the  Court 
allows  this  to  be  done,  and  they  are  brought  into 
court.  The  Court  sometimes  informs  the  stenogra- 
pher of  the  request  of  the  jury  as  soon  as  it  is  received. 
This  ought  always  to  be  done  by  the  Court,  in  order 
that  the  stenographer  may  have  an  opportunity  to 
find  the  testimony  which  he  is  to  read,  while  the  jury 
are  coming  into  court.  Assuming  that  the  jury  are 
brought  into  court,  the  stenographer  should  note  that 
fact  in  the  minutes,  also  the  purpose  of  their  coming 


A  Day  in  Court.  129 

and  refer  to  the  portions  of  testimony  read  to  them, 
besides  all  other  proceedings  that  occur  in  the  nature 
of  motions,  requests,  objections  and  exceptions  by 
counsel  and  rulings  and  remarks  by  the  Court.  He 
should  note  also  the  fact  of  their  return  to  the  pleas- 
ant quarters  from  whence  they  came.  When  the  jury 
come  into  court  and  render  a  verdict,  that  fact  should 
be  entered  in  the  minutes,  with  a  statement  of  its  na- 
ture, and  whether  it  is  for  the  plaintiff  or  for  the  de- 
fendant. Sometimes,  the  attorney  against  whom  the 
verdict  is  rendered  asks  to  have  the  ceremony  of 
POLLING  THE  JURY 

performed.  This  consists  of  calling  the  names  of  the 
jurors  separately  by  the  clerk,  and,  as  each  name  is 
uttered,  the  clerk  inquires  "  Is  that  your  verdict?" 
A  statement  in  the  stenographer's  notes  to  the  effect, 
that  upon  request  of  plaintiff's  or  defendant's  attor- 
ney, the  clerk  duly  polled  the  jur}\  will  be  sufficient. 
If  the  jury,  on  coming  into  court,  announce  their  in- 
ability to  agree,  it  is  suggested  to  the  stenogra- 
pher to  take  the  inquiries  of  the  Court,  directed  to 
the  jury,  as  to  whether  there  is  any  prospect  of  an 
agreement  being  reached,  and  the  responses,  usually 
made  through  the  foreman.  The  Court  may  discharge 
the  jury,  or  direct  them  to  again  retire  for  further  de- 
liberation. In  either  case,  an  appropriate  entry  should 
be  made  in  the  minutes  of  the  fact. 

Certain  proceedings,  subsequent  to  the  rendition  of 
the  verdict,  w  ill  engage  the  attention  of  the  stenog- 
rapher, and  should  be  entered  in  the  notes. 

A  motion  for  a  new  trial  and  to  set  aside  the  ver- 


130  Practical  Court  Reporting. 

diet  is  invariably  made  by  the  defeated  party.    Thi?i 
step  is  taken  to  provide  for  the  contingency  of  an 
appeal.     A  facetious  attorney  once  remarked  to  a 
judge,  who  had    presided  at  a  trial  upon  which  the 
attorney  had  been  recently  defeated,  that  there  were 
but  two  remedies  open  to  an  unsuccessful  lawyer: 
*one  was  to  take  an  appeal,  and  the  other  to  go  into 
the  back  yard  and  swear  at  the  Court.     There  being 
ii  presumption  of  law  that  a  defeated   counsel  will 
swear  at  the  Court,  it  may  be  remarked,  incidentally, 
that  it  is  unnecessary  to  ''  take  "   it  1     The  attorney 
making  a  motion  for  a  new  trial  and  to  set  aside  the 
verdict,  generally  states  the  grounds  or  reasons  of 
the  motion.     These  differ  so  widely  in  the  different 
States  of  the  Union  that  it  is  unnecessary  to  state 
them.     In  the  "  Code  "  States,  the  procedure  is  gen- 
erally pointed  out  by  statute,  and  the  making  of  the 
motion   is  a  mere   formality.     The   grounds   stated 
should  be  taken,  likewise  the  ruling  of  the  Court, 
which,  except  in  special  cases,  is  almost  invariably  a 
denial  of  the  motion.     The  attorney  against  whom 
the  ruling  is  made  takes  an  exception  which  should 
be  noted  in  the  minutes.     In  some  States,  there  is  a 
provision  of  law   that,  in   certain  specified  cases  — 
usually  those  of  an   "extraordinary   and   difficult" 
nature  —  the  Court  may  make  an 

EXTRA  ALLOWANCE 
of  costs  to  the  prevailing  party.  The  amount  is 
generally  determined  by  a  percentage  —  limited  to  a 
certain  rate — upon  the  amount  of  the  verdict  or 
the  sum  in  controversy.  While  it  is  unnecessary  to 
insert  this  in   the   minutes,  yet,  as  it  requires  but  a 


A  Day  in  Court.  131 

brief  statement,  and  may  prove  of  convenience  to 

the  attorneys,  it  is  well  to  note  it. 

Like  the  convulsive  gasp  of  a  dying  man,  or  like 

the  furtive  hoot  of  a  dazzled  owl,  wiien, 

"******       jocund  day 
"Stands  tiptoe  on  the  misty  mountain  tops," 

the  unsuccessful  attorney  pleads  for 

A   STAY   OF   PROCEEDINGS, 

which  the  Court  generally  grants.  The  meaning  and 
effect  of  this  is  to  "  stay,"  or  to  use  a  homely  phrase, 
"  put  off,"  the  issuing  of  execution  until  a  time  fixed 
by  the  Court.  This  term  varies  in  the  different 
States.  In  some  States,  it  is  generally  granted  until 
a  notice  of  the  entry  of  the  judgment  in  the  clerk's 
office  is  served  by  the  attorney  winning  the  suit  upon 
his  opponent.  An  entry  of  this  stay  in  the  notes  is 
unnecessary;  but,  as  stated  respecting  the  entry  of 
the  extra  allowance  of  costs,  it  may  be  made. 

It  will  be  seen,  by  a  careful  perusal  of  the  fore- 
going chapters,  that  a  day  in  court  may  furnish  the 
stenographer  with  much  labor,  mental  and  physical ; 
that  the  book  of  human  nature,  with  its  diversified 
phases  of  character,  will  be  open  to  him,  and  that  the 
dry  tedium  of  a  trial  may  be  lighted  up  with  occa- 
sional shafts  of  wit  and  many  rays  of  humor.  And. 
when  the  reporter  reaches  the  close  of  the  proceed- 
ings of  the  day,  a  consciousness  of  duty  faithful!)' 
performed  to  the  extent  of  his  ability,  should  per- 
vade his  mind,  as  he  listens  to  the  court  crier,  who 
is  now  fully  awake,  "  Hear  ye  !  Hear  ye  !  all  manner 
of  persons  who  have  any  further  business  at  this 
Ci'Cnit  Court   and  Court  of  Oyer  and  Terminer,  let 


132  Practical  Court  Reporting. 

them  depart  hence  and  return  here  to-morrow  morn- 
ing, at  9  o'clock,  unto  which  time,  these  courts  are 

now 

ADJOURNED." 


CHAPTER  VII. 

A  MIXTURE. 

Beside  the  Supreme  Court,  which,  as  before 
stated,  exercises  jurisdiction  throughout  the  State, 
there  are  in  the  various  counties  of  almost  every  State 
in  the  Union,  courts  of  record,  the  jurisdiction  of 
which  does  not  extend  —  except  for  certain  specified 
purposes  —  beyond  the  borders  of  the  county.  These 
courts  are  generally  known  as  County  Courts,  Courts 
of  Sessions,  Courts  of  Common  Pleas,  Surrogates' 
Courts  and  Probate  Courts,  according  to  the  State 
wherein  they  exist.  For  the  purposes  of  this  work, 
it  may  be  stated  that  County  Courts  and  Courts  of 
Common  Pleas  have  jurisdiction  in  civil  cases  of 
causes  of  action  arising  within  the  county  in  which 
the  amount  involved  does  not  exceed  a  sum,  which 
is  usually  fixed  by  statute  in  each  State,  e.xcept  cer- 
tain classes  of  cases  of  an  equitable  character,  and 
except  in  matters  relating  to  the  probate  of  wills  and 
the  care  and  administration  of  estates  of  deceased 
persons.  The  territorial  jurisdiction  of  Surrogates' 
Courts  and  Probate  Courts,  like  the  first  class  men- 
tioned, is  confined  to  the  count)',  and  the  subject- 
matter  of  their  jurisdiction  is  limited,  usually,  to  the 
care  and  administration  of  the  estates  of  deceased 
persons,  and  the  probate  of  wills.     In  some  States 


134  Practical  Court  Reporting. 

these  courts  have  jurisdiction  of  the  estates  of  infants. 
They  exercise  civil  jurisdiction  exclusively.  Besides 
these  courts,  there  are  courts  of  record,  the  terri- 
torial jurisdiction  of  which  is  the  same  as  those  just 
mentioned,  having  criminal  jurisdiction  solely.  These 
are  known  in  some  States  as  Courts  of  Sessions,  in 
others  as  Courts  of  General  Sessions,  and  in  others 
as  Quarterly  Sessions,  etc.,  etc. 

In  the  State  of  New  York  terms  of  the  County 
Court  and  the  Court  of  Sessions  are  held  at  the  same 
time  and  place.  The  judge  of  the  county  presides 
alone  in  the  County  Court.  In  the  Court  of  Sessions 
he  is  the  presiding  officer  and  he  is  assisted  —  theo- 
retically —  by  two  Justices  of  Session,  referred  to 
in  a  preceding  chapter  as  "Block"  justices.  These 
adornments  of  the  criminal  branch  of  the  court  are 
not  a  part  of  the  machinery  of  the  County  Court. 
Their  field  of  usefulness  is  limited  to  the  Court  of 
Sessions.  It  may  be  said  of  some  of  these  officials 
that  their  duties  seem  to  consist,  principally,  in  vary- 
ing their  moods  of  feeling,  and  facial  expression,  to 
correspond  with  the  character  of  the  proceedings 
transpiring  before  them — looking  wise  when  proper, 
laughing  and  cracking  a  joke  at  the  opportune  time, 
but  always  on  the  alert  to  consult,  tete-a-tete,  with 
"  his  honor  "  in  making  rulings,  and,  at  the  close  of 
the  term,  to  receive  for  this  labor,  so  exacting  men- 
tally and  physically,  three  dollars  per  day.  A  spirit 
of  rivalry  appears  to  always  exist  between  some  of 
these  functionaries  as  to  who  shall  occupy  the  seat 
nearest  the  presiding  judge.  Their  existence  in  the 
judicial  system  of  the  Empire  State  is   based   upon 


A  Mixture.  135 

a  conception  as  beautiful  in  theory  —  but  as  farcical  in 
practice  —  as  that  of  the  jury  system.  That  theory 
is,  that,  being  laymen,  men  of  affairs,  accustomed  to 
the  practical  matters  of  life,  their  knowledge  will  aid 
the  presiding  judge  in  meting  out  justice  ;  the  ancient 
fiction  of  the  law  being  that  judges  and  lawyers  are 
men  who  deal  with  theoretical  and  abstract  prin- 
ciples—  bookish  men — and  hence  their  judgment  is 
not  reliable  upon  business  affairs. 

At  a  term  of  these  courts,  civil  and  criminal  cases 
may  be  tried  without  any  difference  in  the  constitu- 
tion of  the  court  other  than  the  participation  of  the 
"  Block  "  justices.  The  proceedings  are  the  same  in 
both  courts  as  respects  juries  and  other  details  al- 
ready fully  considered  in  the  four  preceding  chapters. 
No  further  instructions  are  necessary  respecting  the 
duty  of  the  stenographer  in  these  courts. 

The  power  of  appointing  a  stenographer  for  these 
courts  usually  rests  with  the  county  judge.  The/rr 
dicvi  compensation  is,  in  New  York  State  under  an 
act  of  the  Legislature,  fixed  by  the  Board  of  Super- 
visors of  the  county.  Usuall)'  the  bulk  of  the  busi- 
ness consists  in  the  trial  of  criminal  cases,  the  argu- 
ment of  causes  on  appeal  from  lower  courts,  and  the 
trial  of  an  occasional  ci\'il  case.  The  proceedings 
upon  the  argument  of  appeals  need  not  be  reported, 
unless  by  special  request. 

There  is  one  feature  in  a  criminal  case  that  needs 
consideration  —  the  arraignment  of  a  prisoner.  For 
this  purpose  he  is  brought  into  court,  the  charge  or 
accusation  against  him  read  to  him  by  the  district 
attorney  or  prosecuting  officer,  and  he   is  then   re- 


136  Practical  Court  Reporting. 

quired  to  plead  thereto — ^  that  is,  to  say  whether  he 
IS  guilty  or  not  guilty.  If  no  other  proceedings  be 
taken  at  that  time,  it  is  not  necessary  for  the  stenog- 
rapher to  make  a  record  of  what  occurs.  The  clerk 
does  that.  If,  however,  after  the  indictment  has  been 
read  to  the  defendant,  his  counsel  demur  thereto,  or 
move  to  "  quash  "  it,  as  it  is  termed,  or,  if  he  make 
any  other  motion,  it  should  be  entered  in  the  minutes 
of  the  case.  This  may  also  arise  in  the  Court  of 
Oyer  and  Terminer,  held  in  connection  with  the 
Circuit  Court.  It  should,  of  course,  be  treated  in  the 
same  way  at  that  time. 

There  are  some  terms  used  in  criminal  cases  that 
may  need  explanation.  In  some  States,  New  York 
for  instance,  the  sovereign  power,  the  people  of  the 
State,  prosecutes  criminals :  hence  the  name  of  the 
first  party  in  the  title  of  a  criminal  case  is,  "  The 
People  of  the  State  of  New  York  ;  "  the  prosecuted 
person  is  now,  technically,  known  as  the  defendant  — 
the  same  as  in  a  civil  case.  Formerly,  the  technical 
term  was  "  prisoner."  In  practice,  the  words  "  The 
People  "  are  sufficient  for  all  purposes  of  the  sten- 
ographer. The  full  name,  however,  is  technically 
proper.  In  other  States  different  terms  are  used  to 
identify  the  parties.  Sometimes  it  is  "  The  Com- 
monwealth "  of — Massachusetts  for  instance,  or  of 
other  States  ;  at  other  times  it  is  simply  "  The  State." 
The  prosecuting  attorney  is  differently  designated. 
In  New  York  State  he  is  known  as  the  District  At- 
torney; in  other  States  as  the  State's  Attorney  or 
County  Attorney  ;  and,  in  some  States  criminal  cases 
are  prosecuted  by  the  Attorney-General  of  the  State. 


A  Mixture,  137 

It  may  be  stated  as  a  general  rule  that,  before  a 
person  can  be  placed  upon  trial  for  a  crime,  a  grand 
jury  of  the  county  wherein  the  crime  has  been  com- 
mitted must  have  sufficiently  inquired  into  the  facts 
and  circumstances  connected  with  its  commission  as 
to  enable  that  body  to  conclude  that  probable  reason 
exists  that  the  crime  has  been  committed  by  one  or 
more  persons.  A  grand  jury  maybe  summoned  and 
sit  at  a  term  of  the  Circuit  Court  and  Oyer  and  Ter- 
miner, or  at  a  term  of  tlie  County  Court  and  Court 
of  Sessions.  Except  in  counties  where  much  crimi- 
nal business  comes  before  the  courts,  a  grand  jury  is 
only  in  attendance  at  the  Circuit  term  of  the  Supreme 
Court.  The  practicing  stenographer  in  the  State 
of  New  York  ought  to  be  familiar  with  the  character 
of  the  proceedings  of  this  body,  because,  by  recent 
legislation  in  that  State,  a  stenographer,  under  cer- 
tain circumstances,  may  now  be  appointed  to  report 
them  in  full.  Twenty-four  persons  are  summoned 
from  the  body  of  the  county  to  act  as  grand  jurors. 
The  grand  jury  must  consist  of  not  less  than  sixteen 
and  not  more  than  twenty-three  persons.  At  least 
twelve  grand  jurors  must  concur  in  the  finding  of  an 
indictment.  The  proceedings  of  the  grand  jury  arc 
conducted  in  rooms  provided  for  them,  usually  within 
easy  access  of  the  court-room.  The  Court  appoints 
one  of  the  grand  jurors  to  act  as  foreman,  who  is  the 
presiding  officer  during  their  deliberations.  Having 
reached  their  rooms,  the  work  of  organizing  is  com- 
pleted by  the  selection  of  some  person  as  clerk  whose 
business  it  is  to  keep  minutes  of  the  proceedings  in- 
cluding the  testimony  given   by  witnesses.     No  per- 


138  practical  Court  Reporting. 

son  except  the  district  attorney  (unless  a  stenographer 
has  been  appointed  to  report  the  proceedings)  is  per- 
mitted, unless  subpoenaed  as  a  witness  to  testify  before 
them,  to  be  present  during  their  proceedings,  and 
even  these  two  worthies  are  excluded  from  the  grand 
jury  room  when  the  question  of  finding  an  indict- 
ment is  being  determined.  The  principal  work  of 
the  stenographer  in  reporting  the  proceedings  of  the 
grand  jury  will  be  to  record  the  testimony  of  wit- 
nesses. There  is  but  one  kind  of  examination, 
strictly  speaking  —  the  direct-examination.  Grand 
jurors  may  question  persons  closely  who  come  before 
them  ;  but,  technically,  there  can  be  no  cross-exam- 
ination. There  are  no  objections,  rulings,  exceptions 
or  motions  to  be  taken.  Therefore,  very  few  forms 
will  be  necessary  in  doing  this  description  of  work. 
The  minutes  should  contain  the  title  of  the  case  be- 
ing inquired  into.  A  very  simple  form  for  this  is 
"The  People  vs.  John  Doe  or  Richard  Roe,"  or 
whatever  the  name  of  the  person  accused  of  the  crime 
may  be.  Following  this  should  be  a  statement  of  the 
character  of  the  proceedings,  the  date,  place,  etc.  An 
arrangement  might  be  made  between  the  clerk  and 
stenographer  that  would  render  unnecessary  by  the 
latter  any  entries  respecting  the  names  of  the  grand 
jurors  present.  A  perfect  record  should  contain  the 
names  of  all  grand  jurors  present  during  the  proceed- 
ings ;  and  if,  during  the  session,  a  grand  juror  be  ex- 
cused, the  record  should  show  that  fact,  and  the  name 
of  the  grand  juror.  The  only  other  entries  necessary 
to  be  made  are  those  relating  to  adjournments,  the 
names  of  the  persons  sworn  and  examined  and  the 


A  Mixture.  139 

questions  put  to  them  and  answers  thereto.  It  is  un- 
necessary to  specify  the  name  of  the  questioner  or 
questioners.  If  the  form  given  above  for  the  head- 
ing of  proceedings  in  cases  before  grand  juries  be 
thought  insufficient,  the  following  might  be  used 
with  full  confidence  that  it  covers  every  feature 
necessary  to  appear  upon  the  record  :  "  State  of  New 
York,  County  of  Fulton.  Minutes  of  Proceedings 
of  the  Grand  Jury  of  the  County  of  Fulton,  taken 
and  had  at  the  grand  jury  rooms  in  the  court-house 
at  the  village  of  Johnstown,  in  the  County  and  State 
aforesaid,  summoned  to  attend  at  a  Circuit  Court 
and  Court  of  Oyer  and  Terminer  held  at  the  court- 
house in  Johnstown  aforesaid,  commencing  on  the 
19th, day  of  October,  iSgi.and  of  the  testimony  and 
proceedings  taken  and  had  upon  the  investigation 
into  the  commission  of  the  crime  of  burglary,  alleged 
to  have  been  committed  by  one  John  Doe,  (or  by 
some  person  or  persons  to  the  grand  jurors  unknown), 
on  the  night  of  July  4th,  1891,  at  the  town  of  Op- 
penheim  in  the  county  aforesaid. 

Present:  John  Roe,  Foreman  of  Grand  Jury 
(then  follow  with  the  names  of  all  the  grand 
jurors  present,  after  which  write  the  words, 
**  grand  jurors.") 

(Then    continue^    James  Dixon,  Dist.  Atty.; 

John     Fastwriter,    Stenog- 
rapher to  grand  jury. 
Proceedings  of  October  20th,  1891. 
Richard    Roe,    having   been    duly    sworn    as    a 
witness    upon    this    inquest    into    the    commis- 
sion  of  the   said    alleged  burglary,   testified    as 


I40  Practical  Court  Reporting. 

follows :    "  (Follow   with   the   testimony   of  the 

witness.) 
The  witnesses  having  been  sworn,  and  the  jury 
having  found  an  indictment  or  dismissed  the  investi- 
gation, make  an  appropriate  entry  to  show  those 
facts.  Upon  the  examination  of  witnesses  before 
grand  juries  a  legitimate  field  is  presented  for  the 
extensive  use  of  the  narrative  form  of  note-taking. 
The  work  at  times  is  very  rapid  as  witnesses  are 
usually  prepared  with  their  stories,  and  they  are  given 
carte  blaiicJic  to  tell  it  as  rapidly  as  speech  will  per- 
mit. Resort  to  the  expedient  of  "  throwing  the  ink 
bottle  "  whenever  necessary.  Reporting  the  pro- 
ceedings of  grand  juries  will  never  become  a  very 
fruitful  field  of  labor  for  the  stenographer.  By  a 
rule  of  practice,  the  counsel  of  an  indicted  person 
may  apply  to  the  Court  when  his  client  is  arraigned, 
for  a  copy  of  the  minutes  of  testimony  and  proceed- 
ings taken  before  the  grand  jury.  This  application  is 
often  granted.  It  furnishes  ammunition  to  the 
defendant  to  use  against  the  prosecution  when  the 
case  is  tried.  The  district  attorneys  in  certain 
counties  have  a  voice  in  the  question  of  appointing 
stenographers  to  grand  juries,  and  as  a  rule  are  un- 
favorable to  it,  because  the  stenographer  making  a 
full  record  of  all  that  occurs,  the  defendant's  attorney 
who  obtains  a  copy  of  the  proceedings  of  the  grand 
jury  will  get  much  more  ammunition  to  use  against 
the  prosecution  upon  the  trial  than  if  nothing  but 
the  rough  minutes  of  the  clerk  of  that  body  were 
furnished. 

The  grand  jury  having  determined  that  a   crime 


A  Mixture.  141 

has  been  committed  by  a  particular  person,  they  re- 
duce their  conclusion  to  writing.  This  is  called  an 
indictment.  This  instrument  sets  forth  the  crime 
committed,  the  time  and  place  of  its  commission, 
and  certain  other  details.  The  number  and  charac- 
ter of  the  essentials  of  an  indictment  differ  widely 
in  the  various  States  of  the  Union.  Certain  technical 
rules  respecting  forms  and  phraseology  apply  to  in- 
dictments, the  application  of  which  in  practice  gives 
rise  to  numerous  motions  and  proceedings  upon,  and 
after,  the  arraignment  of  a  prisoner.  As  before  re- 
marked, these  motions  and  proceedings  should  be 
entered  upon  the  minutes  by  the  stenographer. 
There  are  occasions  when  the  suggestions  given  in 
preceding  chapters  regarding  the  digesting  of  objec- 
tions and  other  proceedings  and  the  use  of  the  nar- 
rative form  of  note-taking  may  be  applied  to  similar 
matters  in  criminal  cases.  But  the  stenographer 
should  be  more  circumspect  in  the  use  of  these  ex- 
pedients in  such  cases. 

Surrogates'  Courts  or  Probate  Courts  are  in  many 
counties  presided  over  by  the  judge  of  the  county. 
In  Gounties  where  the  population  exceeds  a  speci- 
fied number,  the  office  of  surrogate  or  probate 
judge  is  distinct  from  that  of  the  county  judge,  or 
judge  of  the  Common  Pleas,  as  the  case  may  be  ; 
and,  of  course,  the  county  judge  and  the  surrogate 
are  different  persons.  No  jurors  are  in  attendance 
in  these  courts.  The  presiding  officer  —  the  surro- 
gate or  judge  —  decides  both  questions  of  law  and 
of  fact.  The  subjects  which  occupy  the  attention  of 
these    courts    have    been  referred   to    in  this    chap- 


142  Practical  Court  Reporting. 

ter.  In  rural  counties,  the  stenographer  will  not  be 
called  upon  very  often  to  report  the  proceedings  of 
these  courts.  His  employment  is  usually  limited 
contests  arising  upon  the  probate  of  wills.  Some- 
times proceedings  arise  respecting  various  matters 
in  the  administration  of  large  estates  wherein  the 
interested  parties  can  afford  to  employ  a  stenogra- 
pher, and  in  these  a  stenographer  is  occasionally 
employed. 

Contested  will  cases  only  will  be  considered  in 
this  connection.  A  will,  for  the  purposes  of  this 
chapter,  may  be  defined  to  be  the  wishes  of  a  per- 
son, expressed  in  writing,  respecting  the  disposition 
of  his  property,  real  or  personal,  after  his  de- 
cease. Certain  formalities  regarding  the  execution 
of  a  will  are  necessary  to  be  observed  to  render  it 
valid  in  that  respect.  Usually  a  will  nominates  a 
particular  person  or  persons  —  termed  "executors" 
-—  to  carry  its  provisions  into  effect.  Upon  the  pre- 
sentation of  a  verified — -sworn  —  petition  to  the 
surrogate,  or  probate  judge  of  the  county  having 
jurisdiction  of  the  matter,  there  is  issued  to  every 
person  interested  in  the  estate  of  the  deceased  per- 
son, whose  will  is  the  subject  of  the  proceeding,  what 
is  known  as  a  "  citation."  This  is  a  paper  in  the 
nature  of  a  notice  to  the  interested  persons  to  show 
cause  at  a  time  and  place  therein  mentioned  why 
the  will  should  not  be  admitted  to  probate,  i.  e., 
proved  and  decreed  by  the  Court  to  be  a  valid  and 
sufficient  will.  Upon  the  return  day  of  the  citation, 
any  interested  person  who  conceives  that  he  has  a 
legal   reason   to  show  why  the  will  should   not  be 


A  Mixture.  143 

admitted  to  probate,  may  appear  and  file  objec- 
tions in  writing  to  the  probate  of  the  will.  The 
person  proposing  the  will  for  probate  is  known  as 
the  "  Proponent,"  and  the  party  making  objection 
to  it  is  called  the  "  Contestant."  The  objections 
may  be  directed  to  the  genuineness  and  validity  of 
the  execution  of  the  will,  or  they  may  relate  to  the 
exposition  of  it,  that  is,  its  construction  and  effect. 
Objections  respecting  the  validity  of  the  execution 
of  the  will  may  be  based  upon  alleged  undue,  im- 
proper influence  brought  to  bear  upon  the  person 
making  the  instrument  —  termed  the  testator.  That 
is,  instead  of  being  the  will  of  the  testator,  it  is  really 
the  will  —  the  expressed  wish,  or  desire  —  of  the 
person  exercising  the  improper  influence.  The  ob- 
jections may  go  to  the  mental  condition  of  the  tes- 
tator. The  scope  of  the  present  work  will  not  per- 
mit extended  consideration  of  the  law  and  rules  of 
procedure  relating- to  this  subject.  The  issue  to  be 
tried  and  determined  is  framed  by  the  petition  pray- 
ing for  the  probate  of  the  will  and  the  objections 
filed.  This  issue  is  tried  before  the  surrogate  or 
probate  judge  without  a  jury.  Usually  the  stenog- 
rapher will  commence  his  labors  with  the  testimony 
upon  the  contestant's  side  of  the  proceeding.  It  is 
seldom  that  the  case  is  completed  at  one  hearing. 
In  fact,  it  may  extend  over  a  period  of  a  year 
or  more,  adjournments  being  taken  from  time  to 
time.  The  stenographer  will  invariably  be  called 
upon  to  make  one  or  more  transcripts  of  the  pro- 
ceedings. The  interim  between  the  hearings  will 
generally  afford  ample  time  for  making  these.     The 


144  Practical  Court  Reporting. 

proceedings  respecting  the  swearing  and  examination 
of  witnesses,  objections,  offers  to  prove  or  to  show, 
ruHngs  and  remarks  by  the  Court  and  exceptions  are 
substantially  the  same  as  in  the  trial  of  a  case  in  the 
Circuit  Court,  and  the  instructions  already  given  are 
applicable  to  them.     The  title  of  the  case,  which  the 
stenographer  can  always  obtain  from  the  papers  in 
the  cause,  will  be  different.    The  appearances  for  the 
respective  parties  may  be  noted  in  the  minutes,  the 
same  as  suggested   for  a  case   at  circuit.     The  re- 
porter in   this   kind  of  work  will,  however,  find  por- 
tions of  it  very  difficult.     Reference  is  made  to  the 
medical  testimony  which    forms  a  very  conspicuous 
and  important  feature.     Persons  who  are  known  as 
"  experts,"    having    knowledge   of    special   subjects, 
may  give  an  opinion   upon  questions  of  trade,  skill 
or  science  from  the  facts  proven  or  the  circumstances 
noted  by  themselves,  and,  in  respect  to  the  question 
of  sanity,  the  opinion,  not  only  of  medical  experts, 
but    non-professional    witnesses,    is,   in    some   cases, 
competent.     Hypothetical  questions  —  that  is,  ques- 
tions assuming  the  existence  of  the  facts  stated  in 
them  —  are  put  to  medical   and  other  expert  wit- 
nesses.    These  questions  assume  to  contain  a  state- 
ment of   the  facts  which  the    party    putting   them 
claims  to  be  proved   in   the  case;    and    upon    such 
assumed  facts  the  expert  witness  is  asked  —  if  he  be 
a  physician  for  instance  — to  state  his  opinion  as  to 
whether  those  facts  indicate  that  the  testator  was, 
or  was  not,  afflicted  with  any  disease.     Of  course,  if 
the  witness  be  called   by  the    contestant,   he  will, 
undoubtedly,  be  of  the  opinion  that  the  testator  was 


A   Mix  in  re.  145 

afflicted  with  some  disease.  Then  will  follow  ques- 
tions showing  the  effect  of  such  disease  upon  the 
mind,  the  direct-examination  closing  usually  with  the 
opinion  of  the  witness  tending  to  show  the  mental 
incapacity  of  the  testator.  Up  to  this  time  the  ex- 
amination will  not  have  been  difficult.  But  from  the 
commencement  of  the  cross-examination  to  the  close, 
the  scribe  will  find  his  "hands  full."  The  witness 
will  be  questioned  concerning  the  various  phases  of 
the  disease;  his  opportunity  for  observation  of  it, 
and  his  experience  in  its  treatment,  interspersed 
with  illustrations  from  cases  which  he  has  met 
in  his  practice.  The  causes  of  the  disease  and  its 
effects  upon  the  mind  and  body  will  not  be  omitted. 
The  anatomical,  physiological,  biological  and  psycho- 
logical knowledge  of  the  disciple  of  Esculapius  will 
be  full)-  aired.  These  gentlemen  always  evince  an 
abnormal  desire  to  exhibit  their  medical  learning  and 
erudition.  This  is  proper;  they  are  paid  to  do  so. 
Their  compensation  as  "experts"  varies,  ranging 
from  the  "  meek  and  lowly  "  sum  of  $5  per  da}-  and 
expenses,  up  to  the  princely  remuneration  of  S500 
per  day,  without  expenses.  In  coping  with  this  speci- 
men of  the  ^rw/^j- witness,  the  reporter  will  have  in- 
describable difficulty  unless  he  arms  himself  with  the 
proper  weapon  of  defense  —  knowledge.  However 
vague  and  superficial  his  information  maybe  respect- 
ing the  subjects  upon  which  experts  are  examined,  it 
will  prove  serviceable.  Me  will  fiml  himself  many 
times  forced  to  read  up  ou  particular  subjects,  espec- 
ially upon  diseases  affecting  the  nervous  system.  He 
should  have  at  hand   for  reference,  or  obtain   access 


146  Practical  Court  Reporting. 

to,  standard  works  upon  anatomy,  physiology,  thera- 
peutics and  psychology.  In  lieu  of  a  better  source 
the  library  of  the  family  physician  may  be  resorted  to. 
In  fact,  no  opportunity  should  be  neglected  to  in- 
crease one's  store  of  information  upon  scientific  sub- 
jects. It  is  thought  that  what  has  been  written  in 
this  chapter  upon  this  subject,  read  in  connection 
with  the  rules  and  instructions  laid  down  in  previous 
chapters  (which  are  applicable  to  the  proceedings  in 
these  courts),  will  enable  the  stenographer  to  under- 
standingly  report  the  principal  work  which  will 
come  to  him  in  surrogates'  courts  or  probate  courts. 
A  very  important  and  lucrative  branch  of  the  law 
stenographer's  work,  consists  in  reporting  cases  tried 
by  and  before  referees.  Allusion  has  been  made  to 
the  details  respecting  the  appointment  of  the  referee 
and  the  steps  necessary  to  be  taken,  down  to  the 
time  of  commencing  the  trial.  A  referee  may  be 
described  as  an  officer  or  arm  of  the  court  ;  or  an 
instrument  through  which  the  court,  in  certain  cases, 
acts.  Subject  to  the  supervision  and  approval  of  the 
court  appointing  him,  a  referee  has  substantially  the 
same  powers  as  the  court.  He  has  authority  to  rule 
upon  objections,  and  to  receive  or  exclude  testimony  ; 
to  direct  the  course  of  the  trial,  and  generally  to  ex- 
ercise all  the  powers  necessary  to  control  the  refer- 
ence. The  important  difference  to  the  stenographer 
between  trials  at  circuit  and  before  a  referee,  is,  that 
in  the  referee's  court  there  is  no  jury;  the  trial  is 
longer ;  the  hearings  usually  occupy  one  or  more 
days  —  seldom  more  than  two;  and  one  or  more 
transcripts  of  the  proceedings  are   required.      These 


A   Mixture.  147 

arc  usually  prepared  between  the  hcdring.s  ready  for 
counsel  at  the  hearing  subsequent  to  that  at  which 
the  minutes  were  taken.  The  title  of  cases ;  the 
description  of  the  litigants  and  of  their  attorneys; 
the  papers  in  the  case;  the  different  examinations 
of  witnesses,  objections,  rulings,  exceptions,  offers, 
etc.,  etc.  -  all  these  details  are  the  same  as  in  the 
trial  of  a  case  at  circuit  before  a  jury. 

Frequent  use  has  been  made  of  certain  terms.  Be- 
side those  alluded  to  in  this  chapter,  an  explanation 
of  some  others  which  have  been  used  in  previous  chap- 
ters is  thought  necessary.  The  word  "Court"  applies 
to  a  tribunal,  clothed  with  the  power  of  examining  into 
and  determining  disputed  questions  submitted  to  it. 

The  words  "  The  Court,"  used  either  as  a  singular 
or  collective  noun,  refer  to  the  person  or  persons 
authorized  by  law  to  execute  the  powers  of  a  court. 
The  term  is  properly  used  no  matter  whether  one  or 
more  persons  constitute  "  The  Court."  The  term 
"judge"  or  "judges"  may  be,  generally,  used  in 
the  same  sense  as  the  words  just  explained.  The 
words  "  party  "  or  "  parties  "  have  a  technical  mean- 
ing. They  refer  to  the  person  or  persons  bringing  an 
action  as  well  as  to  those  against  whom  it  is  brought. 
To  illustrate:  It  is  proper  to  say  "  party  (or  parties) 
plaintiff"  or  "party  (or  parties)  defendant."  The 
words  "  attorney"  and  "  counselor  "  are  used  inter- 
changeably in  those  States  where  the  distinction  be- 
tween attorneys  and  counselors  has  been  abolished. 
Usually,  the  person  who  institutes  an  action  for  a  party 
or  parties  plaintiff,  or  defends  an  action  for  a  party 
or  parties  defendant,  is   known   as  the  "  attornc\'  of 


148  Practical  Coiirl  Reporting. 

record;"   i.  e.,  he  is  the  attorney  "of"  (or  on)  the 
"  record."  An  attorney  of  record,  or  a  party,  may  em- 
ploy another  attorney  to  assist  in   advising   in  the 
preparation   of  a  case   for  trial  and  to  assist    upon 
the  trial.  Such  an  attorney  is  usually  called  "  counsel." 
The  last  word  is  used  either  in  a  singular    or  plural 
sense.  The  terms  "  case,"  "  cause,"  "  action,"  "  suit," 
"  lawsuit,"  are  used  interchangeably  in  common  par- 
lance ;  and  have  received  the  sanction  of  the  Bench 
and  the  Bar.     The    two   last  terms  "  Bench  "    and 
"  Bar  "  relate,  the  first  to  the  judges  of  courts,  while 
the  latter  embraces  attorneys  and  counselors.     The 
word    "  clerk "    as    used    means    the    "  clerk   of  the 
court."     The  clerk  of  the  county   usually  exercises 
the  functions  of  this  office.     The    words  "appear" 
and    "  appearance  "   have  a  technical  meaning.     A 
party  against  whom  an  action   is  brought  may  "  ap- 
pear "  either  in  person  or  by  an  attorney,  by  serving 
a  notice  to  the  effect  that  he  does  so  appear  in  the 
action.     The  plaintiff  or  defendant  "  appears"  upon 
the  trial  of  a  case  either  personally  or  by  attorney  by 
being  present  and  participating  in  the  proceedings. 
A  party  to  an  action  or  his  attorney  being  present 
in  court,  and  not   taking    part   in  the  trial   of  the 
action,  does  not  technically  appear.     Default  in  ap- 
pearance is  as  complete  by  the  presence  and  silence 
of  a  party  and  his  attorney  as  if  both  were  thousands 
of  miles  from  the  scene  of  the  trial. 


CHAPTER  VTII. 

READING  AND  TRANSCRIBING  NOTES. 

Knowledge  is  valuable  in  proportion  to  its  utility. 
Theoretical  principles,  unaccompanied  by  practical 
application,  are  as  valueless  as  the  work  of  the 
pioneer  without  the  development  of  the  settler. 
This  is  as  true  of  stenography  as  of  any  other  sub- 
ject. Its  usefulness  is  proportionate,  to  the  facility 
and  accuracy  with  which  it  may  be  read,  first  by  the 
writer  and  second  by  others.  This,  perhaps,  is  more 
strictly  true  of  the  application  of  this  art  to  court  re- 
porting than  of  any  of  its  diversified  uses.  For,  the 
court  reporter  may  be  called  upon  at  any  time  to 
read,  not  only  a  question  and  answer,  but  large  portions 
of  the  testimony  and  other  proceedings  of  a  trial.  This 
too,  regardless  of  the  abstruse  or  simple  nature  of 
the  subject  matter,  the  speed  at  which  it  was  uttered, 
or  the  precision  with  which  the  shorthand  characters 
may  have  been  written.  It  is  customary  in  taking 
testimony  before  an  e.xaminer  in  causes  pending  in 
United  States  Courts,  to  have  every  question  and 
answer  read  to  the  witness.  In  patent  cases,  where, 
of  necessity,  the  testimony,  is  of  a  tcchnic.il  character, 
abounding  in  descriptions  of  all  sorts  of  machines, 
and  their  component  parts,  and  the  relation  and  in- 
terdependency   of  these,   the  ability   to   read  one's 


150  Practical  Court  Reporting. 

notes  with  ease  and  certainty  is  of  the  highest 
importance.  It  is,  when  brought  face  to  face  with 
these  considerations,  that  the  question  of  whether 
the  scribe  is  a  disciple  of  Mr.  Longsystem  or  of  Mr. 
Shortsystem  sinks  into  insignificance.  It  is  merely 
a  question  of  being  able  to  read  what  has  been  ut- 
tered and  taken  down,  and  to  read  it  aloud,  unhesi- 
tatingly, with,  sometimes,  hundreds  of  eyes  upon, 
and  as  many  ears  listening  to,  the  reader.  Some- 
times a  stenographer  is  sworn,  and,  under  oath,  re- 
quired to  read  his  notes  of  the  testimony  given  by  a 
witness  taken  a  year  or  more  before.  In  such  in- 
stances he  may  have  an  opportunity  of  reading  the 
matter  before  testifying.  The  author  had  been  re 
porting  in  court  but  a  year  or  two,  when,  at  a   term 

of  the  Supreme  Court  held  in  W County  (N.  Y.), 

he  was  unexpectedly  required  to  read  (from  his 
notes)  to  a  jury  the  whole  of  a  "rare  and  racy" 
slander  case  just  reported.  The  testimony  abounded 
in  indecent  and  unclean  expressions.  The  stenogra- 
pher, naturally  modest  and  retiring,  was  overcome 
with  confusion  and  nervous  fear  at  the  task  before 
him.  But  what  could  be  done?  Remonstrance  would 
be  futile !  Refusal  meant  disgrace  —  a  tacit  admis- 
sion of  incompetency !  The  scheme  of  fainting  pre- 
sented itself  to  his  excited  mind  ;  but  this  was  im- 
practicable as  the  hour  of  evening  adjournment  was 
near.  Completely  "  cornered,"  with  no  avenue  of 
escape,  his  modesty,  fear  and  hesitation  disappeared. 
He  rose  before  the  jury,  cleared  his  voice  and  began 
to  read.  Resolved  to  do  his  duty,  or  perish  in  the 
attempt,  he  unconsciously  warmed  to  the  subject  in 


Reading  and   Transci  ihing  Notes.  151 

hand.  Regaining  complete  composure,  he  became 
oblivious  to  his  surroundings,  and,  with  such  empha- 
sis and  effect  did  he  read,  that  the  foul  and  obscene 
words  uttered  by  the  defendant  "  of  and  concern- 
ing" the  immaculate  plaintiff  seemed  more  foul  and 
more  obscene,  and  the  jury,  in  their  wisdom,  ren- 
dered a  verdict  for  $50  more  than  that  which  the  jury 
in  the  first  case  had  found  upon  the  same  testimony. 
What  indorsement  of  the  effect  of  one's  reading 
could  have  been  better !  We  have  ever  since  ap- 
proached the  work  of  reading  our  notes  with  a  light 
heart  and  a  joyful  countenance,  and  prefer  it,  any 
time,  to  the  exhausting  labor  of  note-taking. 

About  two  years  ago,  we  were  employed  to  read 
to  the  Board  of  Supervisors  of  Fulton  County  (N.  Y.) 
about  two  thousand  five  hundred  folios  of  original 
stenographic  notes  of  testimony,  taken  some  months 
previous  to  the  reading.  It  required  six  days  to  read 
this  mass  of  evidence,  which  was  done  in  public,  be- 
ginning each  day  at  9  A.  M.  and  continuing  until 
about  5:30  P.  M.,  with  short  recesses.  The  notes  had 
been  taken  quite  rapidly,  without  expectation  of 
reading  the  same,  except  for  transcription.  The  rate 
at  which  the  notes  were  read,  averaged  two  hundred 
words  per  minute.  So  far  as  we  are  aware,  this  is 
the  longest  continuous  period  of  time  ever  occupied 
in  publicly  reading  original  stenographic  notes.  This 
performance  would  have  been  impossible  except  for 
two  reasons,  viz.:  first,  a  perfect  comprehension  of 
the  subject-matter  of  the  notes,  and,  second,  a  legible 
system  of  shorthand.  The  legibility  of  the  system 
is  founded    upon    the   use   of  rational    prmciples  of 


152  Practical  Court  Reporting. 

writing,  natural  phrasing,  writing  out  in  longhand 
unusual  names  and  words,  "  repairing  wrecked  " 
outlines,  and  using  small  characters,  written  with 
such  precision  as  the  capabilities  of  the  writer  make 
possible.  In  other  words,  the  system  used  is  written 
with  comparatively  little  difficulty  and  easily  read. 
We  have  for  many  years  given  careful  and  compre- 
hensive consideration  to  the  subject  of  reading  short- 
hand notes,  and  we  feel  able  to  offer  to  the  practi- 
tioner, especially  the  young  one,  valuable  suggestions 
upon  it.  These  suggestions  will  be  separately  consid- 
ered  in  the  following  order: 

I.  CONFIDENCE. 
The  corner-stone  of  success  as  a  ready  and  accu 
rate  reader  is  confidence.  Some  young  people  are  too 
prone  to  underrate  their  capabilities.  Especially  is 
this  true  of  some  persons  who  are,  in  fact,  competent. 
This  class  should  foster  the  feeling  that  their  pro- 
ficiency is  equal  to  that  of  any  other  person.  This 
will  engender  a  spirit  of  assurance,  which  will,  event 
ually,  develop  into  that  perfect  confidence,  which  is 
the  offspring  of  experience  and  practice.  Conscious- 
ness of  one's  power  will  depend  somewhat  upon  the 
physical  condition  Steady  nerves  and  a  "  cool 
head  "  are  essentials  ;  and  these  depend  largely  upon 
habits  of  life.  A  court  reporter  after  a  hard  day's 
work  cannot  plunge  into  a  debauch  extended  into 
the  "wee  sma"  hours  of  the  morninc:.  If  he  do, 
his  notes  of  the  succeeding  day  will  be  as  uncertain 
as  the  walk  and  speech  of  a  drunken  person, 
"  Early  to  bed  and  "  late  to  rise  should  govern  the 
habits  of  the  stenographer  in  attendance  at  a  term 


Reading  and  Transcribing  Note^.  153 

of  court.  This  bears  directly  u[)on  the  question  of 
reading  notes;  for,  the  difficulty  of  reading  steno- 
graphic notes  is  largel)'  dependent  upon  tlie  care  and 
precision  with  which  they  are  made.  Unsteady 
nerves,  a  throbbing  head  and  a  weary  body  have 
never  been  conducive  to  dehcacy  of  touch  and  accu- 
racy in  the  formation  of  shorthand  characters. 
II.    FINDING    TESTIMONY. 

One's  equanimity  is  affected  by  his  surroundings. 
If  called  upon  without  previous  notice,  to  read  from 
his  notes,  and  if  much  time  be  spent  in  "  finding  the 
place,"  the  stenographer,  if  at  all  sensitive  to  criti- 
cism, will  become  confused.  This  affects,  as  before 
remarked,  the  ease  with  which  the  reader  performs 
his  dut}'.  Hence,  every  means  which  tends  to  re- 
duce to  a  minimum  the  difficulty  of  finding  a  given 
portion  of  the  notes  of  testiinony  facilitates  the  ease 
of  reading.  Experience  has  shown  that  certain  ex- 
pedients may  be  used  for  this  purpose.  First,  the 
name  of  each  witness  should  be  written  out  in  bold, 
conspicuous  longhand.  The  names  of  the  witnesses 
and  the  pages  of  the  notes  upon  which  they  appear, 
should  be  written  upon  a  sheet  of  paper,  called  by 
some,  a  "  side  sheet,"  but  which  has  been  before  re- 
ferred to  as  a  "  temporary  memorandum  "  sheet. 
The  commencement  of  the  cross-examination  should 
be  indicated  by  either  a  large  cross  or  the  abbrevia- 
tion "  Cross  Ex."  This  should  also  be  so  conspicu- 
ously written  that,  in  hastily  turning  the  leaves  of  the 
note-book,  or  sheets  of  paper,  it  will  be  quickly 
seen.  This  should  be  indexed  upon  the  side, 
or  "  temporary  memorandum  "  sheet.     The  remain- 


154  Practical  Court  Reporting. 

ing  examinations  of  the  witness  should   be  treated 
hkewise.     This  sheet  should  cover  every  feature  of 
the  case  susceptible  of  being  indexed.     The  stenog- 
rapher   being    called    upon    to    read  the    "tesitmony 
given  by  a  witness  respecting  a    particular    subject, 
should    inquire,    if  it   be    not    stated,    whether    the 
statements  of   the    witness    upon   the  direct-exami- 
nation or   other  examination   are   desired.     Learn- 
ing this,  he  refers  to  his  side   sheet,  discovers  the 
page  upon    which  the  examination   from  which  he 
is  to  read  commences,  and,  if  he  be  quick  of  eye 
and   thought,    he  can    run    the  notes    through    un- 
til  he    finds    the   testimony  wanted.     As  the   testi- 
mony   is    being    given     by    witnesses,    he    should 
endeavor    to    fix    in    his    mind    the    subjects    upon 
which  they  may  testify.      At  first,  this  will  appear 
impossible  ;  but   experience    will  enable  one   to  do 
this,  as  well  as  a  great   many  other   incidental   mat- 
ters which  upon  the  first  blush  seem  impracticable. 
If  the  testimony    to  be  found    relate    to  the  ques- 
tion of  contradiction,  the  use  of  the  indented  form 
of  note-taking,  the   waved    line,  and  the  writing  in 
longhand  of  proper  names  and   of  infrequent  words 
and     technical    terms,    will     prove    of    incalculable 
benefit.     The    young    practitioner    will     experience 
trouble    in    remembering    the    subject    of    the  tes- 
timony he  is    to  find.      To  avoid   this,  write  upon 
a  side  sheet  (other  than  that  used  for  indexing)  a 
brief  statement  of  the  matter  to  be  read.     First  be 
sure    you    understand    what     is    wanted,  "  then    go 
ahead."     Above  all  "keep  cool."     It   is  impossible 
to  over-estimate  the  importance  of  coolness.      If  one 


Reading  and  Transcribing  Notes.  155 

become  excited,  he  invariably  performs  his  work  in- 
diftercntly,  very  often  badly. 

III.    READING. 

Having  found  the  testimony  to  be  read  —  read  it ; 
but  without  rising.  Do  not  be  afraid  that  the  cross- 
eyed man  in  the  b;ick  seat,  with  one  eye  reproach- 
fully fixed  upon  )'ou  and  the  other  studying  the  ceil- 
ing, may  hear  you.  Perhaps  he  may  be  entitled  to 
that  privilege  by  reason  of  the  fact  that  he  helps  pay 
your  salary,  by  way  of  taxes.  Throw  your  shoulders 
back,  hold  up  your  head,  expand  your  chest  with  the 
pure  (?)  air  of  the  court-room  ;  clear  your  voice,  and 
read  —  don't  whisper.  Read  distinctly,  in  a  firm 
voice,  so  that  every  man,  woman  and  child  in  the 
room  may  hear.  It  is  a  duty  you  owe  your  em- 
ployer—  the  county  —  as  well  as  a  sacred  obliga- 
tion to  the  profession  of  which,  it  is  hoped,  you  are, 
or  may  become,  an'  honored  member.  These 
physical  efforts  will,  of  themselves,  tend  to  give  you 
confidence.  But  withal,  exhibit  no  pomposity. 
Simpl)'  do  your  duty  fairly  and  fearlessly,  and  in  a 
proper  manner. 

IV.  THE  STENOGRAPHIC  NOTES 
should  be  written  as  small  as  possible,  and  placed 
as  closely  together  as  practicable,  i.  e.,  instead  of  a 
page  of  notes  presenting  a  sprawling  appearance, 
it  should  appear  compact.  By  following  this  method, 
a  sharper  distinction  between  question  and  an- 
swer, even  in  the  indented  form,  will  be  obtained. 
Outlines  of  unusual  words  should  be  as  freel)' 
vocalized    as    time    permits,   or  the     corresponding 


156  Practical  Court  Reporting. 

longhand  word  be  written  over  the  shorthand  out- 
line. Miscellaneous  matter  like  objections,  offers  to 
prove,  remarks  and  rulings  by  the  Court  and  excep- 
tions should  be  indented,  commencing  at  a  point  co- 
incident with,  or  a  little  to  the  left  of,  the  beginning 
of  answers.  At  first  a  tendency  to  make  large,  awk- 
ward-looking outlines  will  exhibit  itself.  The  only 
remedy  is  practice,  accompanied  by  a  constant  effort 
to  write  small  characters.  Whenever  a  lull  in  the  pro- 
ceedings occurs,  if  the  stenographer  be  not  wearied, 
he  should  write  in  longhand  unusual  words  and  re- 
pair "wrecked"  outlines.  The  latter  is  of  grave  con- 
sideration. A  long  answer  of  an  expert  witness  has- 
tily delivered  may  be  easily  read  at  the  time  of  tak- 
ing it.  Memory,  in  such  cases,  aids  the  reader.  But, 
after  the  notes  have  "cooled,"  and  the  memory 
grown  indistinct,  the  indefinite  character  of  short- 
hand symbols  renders  advisable  resort  to  every  legiti- 
mate resource  to  make  legible  and  certain  the  exact 
words  uttered.  Especially  should  this  rule  be  fol- 
lowed, where  the  context  is  obscure.  Very  often  the 
phonographic  "T  "  will  have  lost  all  its  uprightness 
of  character  and  be  mistaken  for  its  bow-bent,  round- 
shouldered  neighbor  "  F  ;  "  or  the  "straight  and  nar- 
row path  "  which  "  K  "  ought  to  follow  may  be  de- 
serted for  the  uneven  road  pursued  by  "  M  "  and 
"  N."  The  cheerful  "  ticking  of  the  clock"  may  be 
prostituted  to  the  uncongenial  office  of  "  an  attack 
of  colic."  A  circle  may  "  condense  "  an  idea  that,  if 
suspended  from  a  hook  might  "  contain  "  it.  In 
short,  that  should  be  done  to  shorthand  notes  which, 
applied  to  longhand  writing,  is  known  as  "  crossing 


Reading  and   Transcribing  Notes.  157 

the  T's  and  dotting  the  I's  ":  Straigliten  tlie  outHnes  ; 
write  out  proper  names  and  unusual  words.  The 
question  of  whether  one  should  use  shorthand  char- 
acters to  represent  figures  has  occupied  the  attention 
of  court  reporters.  Systenns  relating  to  these  have 
been  devised  and  published  to  the  world  by  men  of 
experience.  Notwithstanding  this,  it  seems  impos- 
sible that  there  should  be  any  diversity  of  opinion 
upon  this  subject.  Arabic  numerals  are  as  easily 
written  as  their  shorthand  equivalents,  and  much 
more  easily  read  than  the  latter.  They  ofttimes  form 
one  of  the  most  important  of  aids  to  finding  testi- 
mony. In  a  page  of  notes,  a  few  Arabic  numerals, 
with  or  without  the  dollar  sign,  stand  out  conspicu- 
ously, and  the  eyes  of  the  scribe  twinkle  with  delight 
when  he  meets  their  welcome  countenances  in  a 
search  for  testimony.  The  advantage  of  their  use 
more  than  compensates  for  any  slight  difference 
in  speed,  (if  there  be  any  —  which  is  a  mooted  ques- 
tion) in  favor  of  shorthand  numerals. 

V.     PHRASING. 

Perhaps  more  has  been  said  and  written  upon  the 
vexed  question  of  phrasing,  than  upon  any  other 
phase  of  phonography.  The  orthodox  Grahamite 
has,  time  and  again,  crossed  swords  with  the  natural- 
phrasing  freethinker.  Unfortunately  these  mimic 
combats  have  been,  as  a  rule,  waged  by  embryonic 
scribblers,  and  hence  the  results  have  been  valueless. 
The  concensus  of  opinion  of  experienced  practition- 
ers is  that  judicious  natural  phrasing  is  conducive  to 
speed  of  writing  and  legibility  of  notes,  and  should 
be  followed.     Its  limits  must  necessarily  be  controlled 


158  Practical  Court  Reporting. 

and  defined  by  the  subject-matter.  The  phrases 
used  in  reporting  a  sermon  would  be  impracticable 
in  the  charge  of  a  judge  to  a  jury.  It  would  be  the 
height  of  folly  to  use  the  phrase  "  Now-then-gentle- 
men-if-you-come  to-the-conclusion"  in  reporting  a 
scientific  lecture.  The  general  directions  that  have 
been  given  to  govern  this  question  have  been  as 
varied  in  character  as  they  have  been  useless  of 
application.  The  subject  appeals  so  strongly  to  per- 
sonal peculiarities  that  it  would  appear  futile  to 
present  a  formula  that  could  be  of  much  practicable 
benefit.  For  years,  we  have  adhered  to  the  following 
rule,  and  offer  it  for  the  consideration  of  the  reader 
from  a  sense  of  duty,  rather  than  from  a  belief  in  its 
value,  viz.:  In  law  reporting,  words  that  occur  together 
frequently,  or  two  or  more  words  that  occur  in  con- 
junction, occasionally,  and  when  phrased  form  a 
peculiarly  distinctive  outline,  and  combinations  of 
words  which  are  naturally  spoken  or  written  together 
—  in  each  of  these  cases,  shorthand  characters,  sus- 
ceptible of  being  easily  and  legibly  joined,  when 
written  rapidly,  should  be  phrased.  Never  end  a 
phrase  with  the  pronoun  "it."  By  "easily  and 
legibly  joined  "  is  meant  the  phrasing  of  such  words 
as  "  in  this  case,"  as  distinguished  from  phrasing 
words  like  "  give-  it ;  "  "  take-it,"  "  that-is-the-only,"  as 
distinguished  from  "  that-it-may  ;  "  "  by-the-way,"  as 
distinguished  from  *'  may-it-be ;  "  "  man-by-the-name," 
as  distinguished  from  "  it-may-come-to-that,"  etc., 
etc.,  ad  infinitiun.  It  is  thought  advisable  to  in- 
sert at  this  point  such  phrases  as  now  occur  to  us 
which  we  have  found    practicable  in  law  reporting: 


Reading  and  Transcribing  Notes.  159 

NATURAL  I'lIRASES  FOR  Till::  LAW   RKI'ORTER. 

A-good-many,  arc-not,  are-you-surc,  are-you-able, 
as-quick-as,  as-many-as,  as-much-as,  as-long-as,  as-far- 
as,  as-fast-as,  as-is,  as-has-bceii,  as-such,  as-soon-as, 
at-the-tiiTie,  at-that-time,  bill-(ofj-salc,  bill-(of)-partic- 
ulars,can-you,defendant's-counseI, deputy-sheriff,  din- 
ing-room, do-you,  do-you-live-(or  reside), do-you  recol- 
lect, for-(the)-defendant,  for-(the)-plaintiff,  gentlemen- 
of-the-jury,  great-many-times,  had-been,  have-been, 
having  been,  he  would-be,  he-would-not-be,  horse- 
rail-road,  how-many-years-ago,  how-much,  human- 
being,  I-am  not,  I-can-not-be-certain,  I-can't(or  can. 
not)-be-positive,  I-could-not-say,  1-could-not-swear, 
I-wiH,  I-will-not,  I-will-swear,  I-think-it-was,  I-think- 
so,  I-think-it-would-be-worth,  I-will-not-be-certain,  I- 
will-not-be-surc,  I-would-not-be-positive,  I-would  not- 
swear-positively,  I-will-call-your-attention,  if-you  are- 
satisfied,  if-you-come-to-the-conclusion,  if-you-should. 
find,  in-this-action,  in-this-case,  in-this-court,  in- 
this-indictment,  in-favor,  in-this-m.atter,  in-his-own- 
behalf,  in-regard,  in-respect,  in-your-presence,  in- 
the  morning,  is-as,  it-is,  it  is-not,  it-has-been,  it- 
will-be,  it-will-not-be,  it-would-be,  it-would-not-be, 
it  would-have-been,  just-as,  lumber-wagon,  market- 
price,  market-value,  measure-(of)-damages,  Mr.-and- 
Mrs.,  no-doubt,  night-time,  on-the-contrary,  on- 
the-othcr-side,  plaintiffs-counsel,  post-office,  rea- 
sonable-doubt, reasonably-worth,  self-defense,  she- 
would-be,  she-would-not-be,  should-be,  should-not- 
be,  sitting-room,  so-many,  so-many-times,  supreme- 
court,  that-he-was,  that-was,  that-it-was,  that-there- 
was-(or    were),    that-the-plaintiff,     this-action,    this- 


i6o  Practical  Court  Reporting. 

case,    this-is-an-action-(or  a-case),  this-matter,   the- 

first-thing,  the-first-time,  there-can-be,  there-is,  there- 

is-evidence,     there-is-no-evidence,      there-is  nothing, 

there-may-have-been,    there-must-be,    there-was-(or- 

were),  there-will-be,  thousand-dollars,   water-closet, 

we-were,  what-do-(or-did)  you-mean,  what-was  done, 

what-was-the-first-thing,  what-was-said,  where-do-you- 

live-(or  reside),   where-was,   where-were-you,    which- 

would-be,    will-you-state,     will-you-swear-positively, 

would-not-be-certain,  would-not-say,  would-not-state, 

would-not-swear,  would-not  be-positive,  you-are,  you- 

will  find,  you-will-not,  you-will-swear,  you-will-swear- 

positively. 

VI.    PUNCTUATION. 

Punctuating  notes  cannot  be  omitted,  without  seri- 
ous impairment  of  legibility.  The  period,  semi- 
colon and  comma  are  pauses  which  must  be  under- 
stood by  the  reporter  to  make  a  faithful  transcript. 
It  is  unimportant  whether  he  uses  the  small  cross, 
the  long  slanting  stroke  or  leave  a  space  between 
sentences  to  indicate  a  period.  The  period  must  be 
noted  in  some  way,  otherwise  it  will  be  impossible 
at  times,  to  know  with  which  word  a  sentence  closes 
and  the  one  following  begins.  This  is  always  con- 
fusing, and  leads  to  great  annoyance.  The  same  rule 
applies  to  clauses  requiring  separation  by  a  semi- 
colon. There  may  be  an  entire  change  of  the 
meaning  of  the  speaker,  caused  by  placing  the  semi- 
colon in  the  wrong  place.  Especially  is  this  true  when 
a  series  of  clauses  occur  which  need  to  be  pointed  off 
by  this  mark.  The  comma,  while  disregarded  by 
many,  yet  must  have  attention.     Its  absence  may 


Reading  and   Transcribing  Notes.  i6i 

change  the  meaning  of  a  question  or  answer  as  com- 
pletely as  the  omission  of  the  semi-colon.  It  is  not 
long  since  that  our  attention  was  called  to  the  ne- 
cessity of  representing  the  comma  in  stenographic 
notes.  It  had  been  omitted,  and  it  was  impossible 
to  tell  from  the  context  in  which  of  two  places  it 
ought  to  be  inserted.  If  placed  at  one  point,  the 
meaning  of  the  sentence  was  diametrically  opposed 
to  that  which  resulted  from  placing  it  at  the  other. 
We  use  the  long  slanting  stroke  for  the  period,  and 
two  signs  similar  in  shape  but  written  in  opposite 
directions  to  represent  the  semi  colon  and  comma. 
Sometimes,  instead  of  the  sign  we  use  a  space  for 
the  semi-colon. 

Vir.    PEN   OR   PENCIL? 

Notes  written  in  ink,  with  a  pen,  are  generally 
formed  with  more  exactness,  are  less  liable  to  become 
blurred  and  are  more  indelible,  than  pencil  notes. 
The  wearing  away  of  pencil  points  results  in  deformed 
outlines,  and  the  obliteration  of  the  distinction  be- 
tween heavy  and  light  lines  which,  when  observed, 
plays  an  important  part  in  the  question  of  legibility. 
The  friction  caused  by  the  passage  of  pencil  over 
paper  detracts  from  speed  of  writing.  The  liability 
of  pencil  points  to  break  must  tend  to  produce  a  lack 
of  confidence,  which  is  injurious  to  the  writer.  It 
would  seem,  therefore,  that  pen-ami-ink  notes  are 
easier  and  better  written  and  read  than  those  formed 
by  pencil.  Certainly  the  former  have  one  of  the  es- 
sential characteristics  of '*a  record"  (which  the  law 
reporter  is  presumed  to  make)  viz.:  permanency.  If 
a  gold  pen  be  used  less  friction  will  be  caused  by  its 


1 62  Practical  Court  Reporting. 

movement  upon  the  paper  than  by  any  other  kind 
of  instrument  used  for  writing.  Hence  a  given  num- 
ber of  marks  may  be  made,  in  the  act  of  writing,  with 
less  effort  by  the  use  of  a  good  gold  pen  upon  proper 
paper  than  with  any  other  appliance  used  for  writing. 
It,  therefore,  follows  that,  other  considerations  being 
the  same,  one  will  write  faster  and  more  legibly, 
with  a  gold  pen  than  with  any  other  implement 
used  for  that  purpose.  It  seems  unnecessary  to  as- 
sert that  a  fountain  pen,  if  a  reliable  one  can  be 
secured,  should  be  used.  These  are  important  con- 
siderations in  the  matter  of  legibility.  If  it  become 
necessary  to  read  notes  at  night,  either  in  court,  in 
transcribing  or  in  dictating  to  amanuenses,  clean  cut, 
black  pen  notes  are  invaluable  as  respects  ease  of 
reading  and  the  lessening  of  the  strain  upon  the  eye- 
sight, already  sufficiently  taxed  by  the  work  of  the 
day  in  court.  If  these  circumstances  do  not  lead  the 
reader  to  the  conclusion  stated,  then,  certainly,  the 
fact  that  almost  all  court  reporters  used  the  pen, 
ought  to  be  decisive  of  this  question. 

VIII.  RULED  OR  UNRULED  PAPER? 

The  first  time  we  sat  down  in  court  by  the 
side  of  a  "  real,  live  "  court  reporter,  our  tender 
sensibilities  were  completely  shrivelled,  and  our 
budding  hopes  ruthlessly  crushed  by  this  question 
from  the  reporter:  "Do  you  own  a  paper  mill?" 
We  were  armed  with  the  regulation  "  double-column- 
marginal-red-line  "  ruled  paper,  of  ample  proportions, 
and  supposed,  like  all  fledglings,  that  we  had  long 
since  passed  the  last  stenographic  and  reportorial 
mile  stone  of  instruction.     Since  that  time  we  have 


Reading  and  Transcribing  Notes.  163 

disposed  of  the  paper  mill  and  its  product,  and  now 
use  loose  sheets  of  white  paper,  cut  nine  inches  long 
by  four  and  one-quarter  inches  wide,  without  ruling  ; 
having  a  surface  that,  while  smooth  enough  to  per- 
mit a  gold  pen  to  travel  over  it  with  scarcely  any 
friction,  yet  permits  the  pen  to  get  "  hold  "  of  it. 
Through  one  corner  of  each  sheet  is  punched  a  small 
hole  for  binding,  which  indicates  the  top  of  the  page. 
Each  sheet  is  numbered  in  the  corner  opposite  to  the 
punched  hole,  the  numbers  ending  with  the  last  sheet 
of  the  case,  the  sheet  only,  (not  pages)  being  num- 
bered. Each  case,  composed  of  these  sheets,  is 
separately  bound.  Both  pages  of  each  sheet  are 
consecutively  written  upon,  the  bottom  of  the  first 
corresponding  to  the  top  of  the  second.  The  use 
of  unruled  paper,  and  the  discarding  of  shading  in 
writing  shorthand  characters,  will  tend  to  speed  in 
writing  and  legibility  in  reading  stenographic  notes. 
By  a  well-known  law  of  physics,  the  hand,  in 
the  act  of  writing,  tends  to  move  in  a  straight  line, 
which  tendency  results  in  writing  outlines  with  com- 
paratively few  exceptions  in  the  "  second  "  position 
as  it  is  called.  As  to  all  such  outlines  no  thought  of 
position  is  necessary.  If,  now,  shading  be  entirely 
ignored  (which  is  advisable)  every  word  in  the 
language,  with  the  exception  of  a  few  verbs  and  pro- 
nouns, may  be  written  with  perfect  abandon,  as  re- 
spects these  requirements,  and  without  impairing 
legibility.  By  dispensing  with  ruled  paper,  the 
tendency  to  adopt  the  "  second  "  position  is  en- 
hanced. Unconsciously  the  writer  will  acquire  the 
valuable    habit    of   following    mechanically    an    im- 


164  fracticdl  Court  Reporting. 

aginary  line,  upon  and  about,  under  and  above 
which,  but  always  in  close  proximity  to  it,  will  be 
found  first,  second  and  third-place  outlines.  Conse- 
quently, the  time  work  and  care  necessary  to  shade  and 
write  in  position  may  be  used,  when  pressed  by  rapid 
utterance,  in  the  direction  of  speed  ;  and  at  other 
times,  in  forming  the  notes  with  a  degree  of  precision 
and  accuracy,  and  using  longer  outlines,  not  possible 
with  position  writing  and  shading.  Hence,  upon  a 
page  of  paper,  a  clean  cut,  well  and  fully  formed  pen- 
and-ink  outline  stands  out  conspicuously  and  legibly 
and  may  be  read,  especially  by  the  experienced  prac- 
titioner, with  ease  and  pleasure.  By  writing  continu- 
ously upon  both  sides  of  the  sheet,  the  matter  written 
is  kept  in  a  small  compass,  instead  of  being  spread  out 
upon  double  the  number  of  sheets,  as  is  the  case 
with  the  method  now  generally  in  vogue  of  writing 
upon  but  one  side  of  a  sheet.  This  compactness 
lessens  the  labor  of  finding  a  particular  part  of  a 
case,  upon  the  principle  that,  if  the  entire  proceed- 
ings could  be  written  upon  one  sheet  of  paper,  any 
portion  of  them  might  be  found  with  one  tenth  the 
ease  as  if  ten  sheets  were  used.  Loose  sheets  are 
preferable  to  note-books,  because,  if  necessary,  in 
making  transcripts,  the  sheets  can  be  easily  divided 
among  any  number  of  amanuenses,  while  difficulty 
is  experienced  in  this  respect  with  a  note-book. 
Farther,  when  notes  are  filed  away  at  the  close  of  a 
term  of  court,  each  case  can  be  separately  filed  and 
indexed,  and,  while  being  transcribed,  much  easier 
handled.  That  these  methods  are  practicable  can- 
not be  gainsaid.     They  have  been  used  and  subjected 


Reading  aiui   'J'raiiscribiiig  Notes.  165 

to  all  sorts  of  tests  for  the  last  score  of  years,  and 
have  not  been  found  wanting.  The  successful  read- 
ing of  stenographic  notes  referred  to  at  the  beginning 
of  this  chapter  is  entitled  to  some  weight  upon  the 
question  of  their  practicability.  But  it  is  impossible 
to  promulgate  rules  and  methods  suitable  for  all 
mankind.  Each  stenographer  must  study  his  pecu- 
liarities of  temperament,  and  select  such  expedients 
as  he  finds  adapted  to  it.  We  trust  that  the  eight 
suggestions  of  this  chapter  will  materially  aid  the 
candidate  for  the  court  reporter's  table  in  selecting 
such  materials  for,  and  methods  of,  doing  work,  and 
in  easily,  confidently   and   understandingly   reading 

his  notes. 

TRANSCRIPTS. 

The  act  of  transcribing  stenographic  notes  is  popu- 
larly supposed  to  consist  of  copying.  This  is  erro- 
neous. Transcription  of  notes  partakes  of  the  char- 
acter of  translation  as  well  as  of  copying.  Copying 
is  mechanical,  no  attention  being  necessary  to  the 
sense  or  context  of  the  subject-matter.  A  word  oc- 
curring in  the  middle  of  a  longhand  sentence  may  be 
copied  without  a  knowledge  of  the  remainder  of  the 
sentence.  Not  so  with  the  transcription  of  steno- 
graphic notes;  the  sense,  or  context  must  be  closely 
followed  in  order  to  reproduce  in  longhand  the  idea 
wrapped  up  in  the  shorthand.  One  or  more  steno- 
graphic outlines  of  a  sentence,  when  separately  con- 
sidered, may  be  transcribed  into  as  many  different 
longhand  words.  Frequently  in  transcribing  testi- 
mony it  is  necessary  to  read  ahead  one  or  more 
questions  and  answers  to  get  the  sense  and  mean- 


l66  Practical  Court  Reporting 

ing,  and  consequently  be  able  to  correctly  decipher 
a  cliaracter  or  outline.  The  shorthand  writer  will 
readily  comprehend  the  obstacles  here  merely  sug- 
gested. For  the  benefit  of  the  non-phonogiaphic 
reader,  it  may  be  stated,  that  it  is  absolutely  neces- 
sary to  the  attainment  of  suiificient  speed  to  accu- 
rately record  the  rapid  utterances  of  speakers  to  omit 
many  consonants  and  vowels  and  all  silent  letters- 
that  arbitrary  characters  consisting,  it  may  be,  of  a 
single  stroke  should  be  used  to  represent  words  of 
half  a  dozen  letters,  and  that  occasionally,  whole 
words  should  be  omitted.  To  these  principles  of 
elision,  contraction  and  omission  may  be  largely  at- 
tributed the  difficulty  of  reading,  and  the  uncertainty 
in  transcribing,  stenographic  notes.  When  the  same 
combination  of  characters  may  be  rendered  into 
"tick,"  "tack,"  "take"  or  "took,"  or  even  "dig" 
or  "  dug,"  or  another  combination  may  be  indiffer- 
ently transcribed  into  "come,"  "coming,"  "came," 
"comb,"  "calm,"  "  chyme,"  "  acme,"  "cameo,"  etc., 
etc.,  it  will  be  apparent  that  the  attainments  of  the 
competent  court  stenographer  must  be  superlatively 
beyond  those  of  the  mere  mechanical  copyist.  Upon 
the  transcription  of  the  illusive  notes  of  the  techni- 
cal testimony  of  an  expert  chemist,  may  depend  the 
fate  of  a  human  being,  charged  with  the  poisoning 
of  another.  Through  the  ignorance  of  the  transcriber 
the  guilty  may  go  unpunished  and  the  innocent  suf- 
fer. The  transcript  is  the  finale  of  the  stenogra- 
pher's duties;  the  fruition  of  his  skill,  learning  and 
industry.  If  it  be  iinperfect,  no  matter  that  he  have 
a  speed  of  two  or  three  hundred  words  per  minute. 


Reading  an  J  Transcribing  Notes.  167 

The  litigant  who  pays  six  or  ten  cents  per  foho  for 
it,  cares  not  at  what  rate  of  s[)ced  it  was  written. 
But  he  has  the  right  to  demand  accuracy,  and  usu- 
ally he  insists  upon  this  right.  The  advent  of  the 
typewriter  has  been  an  inestimable  boon  to  the 
court  reporter.  By  its  use,  two  or  more  transcripts 
may  be  made  simultaneously,  whereas,  to  "get  out  " 
the  same  number  by  the  slow  and  tedious  pen-and- 
ink  process  necessitated  a  small  army  of  copyists. 
It  would  seem  needless  to  state  that  transcripts 
should  be  typewritten.  It  is  not  intended  to  inti- 
mate that  any  particular  writing  machine  should  be 
used,  but  the  practitioner  will  find  that  many  differ- 
ences exist  among  those  now  upon  the  market,  and 
that  not  all  of  them  are  suited  to  the  temperament 
and  nervous  development  of  every  operator.  A 
machine  that  may  be  run  easily,  that  manifolds,  that 
has  a  simple  key-board  and,  withal,  is  durable,  will 
generally  prove  sui^cient.  X'arious  methods  for 
transcribing  notes  are  in  vogue  among  court  re- 
porters. A  practitioner  having  much  business  usu- 
ally employs  one  or  more  amanuenses  to  whom  he  dic- 
tates his  notes,  the  dictation  being  taken  in  shorthand 
and  the  required  number  of  transcripts  made  by  the 
amanuenses;  or,  if  the  latter  can  read  the  original 
notes, the  transcripts  are  made  directly  from  those.  If 
the  services  of  capable  amanuenses  can  be  found  to 
transcribe  the  original  notes,  that  method  is  prefera- 
ble to  any  other  ;  but,  unless  such  assistants  can  be  ob- 
tained, this  is  a  dangerous  method  to  pursue,  unless 
the  reporter  can  be  present  to  constantly  supervise 
the  work.     Other  reporters  dictate   to  one  or  more 


i68  Practical  Court  Reporting. 

rapid  operators  of  the  typewriter,  who  turn  out  the 
transcript  as  fast  as   the  matter   is    dictated.     As  a 
rule  this  method    is   not   satisfactory,  unless  one   or 
two    first-class    operators    can    be    secured.      If  the 
amanuenses  be  rapid  and  accurate  in  the  use  of  the 
typewriter,  accustomed    to  receiving  dictation   and 
able  to  "  carry  "  considerable  matter  in  the  mind,  it 
is  the  best  plan  of  transcription.      Its  efficiency,  how- 
ever, depends  upon  the  ease  with  which  the  stenog- 
rapher reads  his  notes,  and  his  tact  to  dictate  enough, 
and  no  more,  to  the  first  copyist  so  that  the  writing 
of  it  will  be  finished  at,  or  a  little  after,  the  close  of 
the  dictation  to  the  second  operator.     The  matter 
dictated  should  be  from   different  parts  of  the  case, 
and  should    be  divided   with  reference   to  the   com- 
parative speed  of  the   operators.     The  one   writing 
the  first  part  of  the  case  regularly  pages  the  tran- 
script,  while    the  other     temporarily    numbers  the 
written  sheets  to  prevent  confusion,  the  paging  be- 
ing afterward  continued  from  the  first  to  the  second 
part  of  the  transcript.     The  advantage,  in  this  kind  of 
transcription,  of  loose  sheets  of  note  paper,  must  be 
apparent.  The  dictator  should  compel  amanuenses  to 
observe  the  golden  rule  of  silence,  except  to  utter  the 
last  word  dictated  a  sufficient  time  before  writingr  it 
to  prevent  a  halt  in  dictation.     This  rule  can  be  best 
enforced  by  not  heeding  the  questions  or  remarks  of 
amanuenses.     If  a  misunderstanding  occur  respect- 
ing the  dictation,  it  should  be  repeated  without  com- 
ment.    In  dictating  to  two,  there  should  be  a  change 
in    the    tone    of  voice.      The    operators    sometimes 
finish  writing  at  the  same  time.     The  changed  tone 


Reading  and  Transcribing  Notes.  169 

of  voice  is  sufficient  to  indicate  for  whom  the  dicta- 
tion is  intended.  It  prevents  conversation,  and 
hence  avoids  confusion  and  saves  time.  There  is  no 
better  teacher  of  the  value  of  time  than  transcription 
of  notes.  This  method  of  transcription  (by  dictation 
to  two  typewriter  operators)  is  very  taxin<(.  The 
necessity  of  "  keeping  the  place  "  in  different  parts 
of  the  notes  at  which  each  dictation  ends  and  of  be- 
ing ever  on  the  alert  to  know  when,  and  how  much, 
to  dicate  ;  the  concentration  of  mind  requisite  to 
follow  two  widely  different  contexts ;  wearied 
with  the  exhausting  labors  of  the  court-room  ; 
the  constant  click-clacking  of  two  typewriters  — 
these  conditions,  if  long  continued,  will  undermine 
and  irreparably  injure  the  strongest  physical  consti- 
tution. And  yet,  to  perform  this  difficult  work,  the 
Legislature  of  the  State  of  New  York,  in  the  super- 
abundance of  its  wisdom,  the  exactness  of  its  jus- 
tice, and  with  an  eye  single  to  the  interests  of  the 
"  Dear  Public,"  has  held  out  the  tempting  bait  of 
—  not  five,  but  — six  big  pennies  for  every  one  hun- 
dred words  transcribed !  The  statute  which  fixes 
this  pittance  is  not  only  an  insult  to  the  dignity  of 
the  court  reporter's  labor,  and  a  stab  at  his  ability, 
training  and  efficiency,  but  it  practically  forces  him  to 
do  that  which  is  not  required  of  even  a  convict  — 
to  give  time  and  labor  to  another  without  remu- 
neration therefor.  The  court  reporter  should  not 
be  compelled  to  transcribe  testimon\'  for  less  than 
ten  cents  per  folio  for  the  first  copy.  The  most 
oppressive  labor  connected  with  transcription  is  en- 
countered in  murder  and  other  cases,  that  run  for  a 


17°  Practical  Court  Reporting. 

number  of  consecutive  days,  in  which  "daily  copy" 
is  wanted.  Unless  the  stenographer  can  secure  the 
services  of  competent,  trusty  transcribers  of  his  notes, 
it  will,  generally,  be  necessary  to  have  an  assistant 
with  whom  the  labor  of  reporting  can  be  divided. 
In  the  latter  case  the  one  having  the  first  "take" 
should  report  sufficient  to  get  the  transcribers  at 
work  as  soon  after  the  opening  of  court  each  day  as 
possible.  The  change  in  reporters  is  easily  effected. 
At  the  end  of  an  answer,  the  waiting  reporter  takes 
the  seat  vacated  by  the  other,  during  the  act  of 
changing,  listening  to  the  question  propounded,  or 
whatever  may  follow  the  answer.  It  is  not  advisable 
to  change  during  the  argument  of  objections,  or  during 
other  proceedings,  a  thorough  understanding  of  which 
depends  upon  what  has  previously  transpired  and  of 
which  the  waiting  reporter  is  ignorant.  The  reporter 
dictating  the  second  "  take"  of  the  day  divides  the 
matter  to  be  dictated  according  to  the  comparative 
speed  of  the  amanuenses,  and  continues  the  dictation 
from  the  point  at  which  the  first  ended.  The  last 
"  takes  "  of  the  day  should  be  so  regulated  as  to 
length  that  the  time,  necessary  to  conclude  the  dic- 
tation during  the  evening,  will  be  as  equally  divided 
as  may  be  between  the  reporters.  If  feasible,  it  will 
be  advantageous,  when  two  reporters  are  engaged 
upon  the  same  case,  to  have  two  additional  tran- 
scribers for  the  evening  work.  The  daily-transcript 
feature  of  reporting  in  the  country,  where,  under 
ordinary  circumstances,  much  trouble  is  experienced 
in  securing  competent  amanuenses,  is  exceedingly 
annoying.     Reporters,  whose  work  is  confined  to  the 


Reading  and  Transcribing  Notes.  1 7  i 

large  cities,  have  little,  if  any,  difificult)'  in  making 
satisfactory  arrangements  to  meet  the  most  exacting 
demands  for  transcript.  The  reporter  who  can  obtain, 
whenever  necessary,  the  help  of  a  capable  court 
assistant,  who  uses  the  same  system  as,  and  easily 
reads  the  notes  of,  the  reporter,  is  fortunate.  If,  in 
addition,  he  can  secure,  whenever  needed,  the  ser- 
vices of  competent  amanuenses,  he  ought,  if  he  have 
a  sufficiency  of  business,  to  be  a  very  happy  individual. 
It  seems  unnecessary  to  refer  to  the  process  of 
duplicating  transcripts.  Of  course,  when  the  origi- 
nal is  made  upon  the  typewriter,  additional  copies 
are  obtained  by  the  use  of  semi-carbon  paper.  When 
pen-and-ink  duplicates  are  made,  sufficient  copyists, 
beside  those  to  whom  the  original  is  dictated,  should 
be  employed  to  turn  out  the  copies,  not  quite,  but 
nearly,  as  rapidly  as  the  transcript.  The  paper  to 
be  used  for  transcripts  is  the  subject  of  legislation  in 
some  States.  A  statute  of  the  State  of  New  York 
requires  that  it  shall  be  ten  and  one-half  inches  in 
length,  eight  inches  in  width,  and  that  the  transcript 
shall  be  bound  upon  the  side  of  its  greatest  length. 
When  transcripts  are  typewritten,  the  paper  should 
be  unruled,  except  marginal  rulings, which,  according 
to  the  taste  of  the  stenographer,  may  be  used  or 
omitted.  But,  for  the  convenience  of  counsel,  the 
left  margin  of  each  page  should  contain  numbers,  be- 
ginning at  the  top  with  the  figure  i  and  continu- 
ing consecutively  down  the  page,  the  space  between 
the  figures  corresponding  to  that  between  the  lines 
of  typewritten  matter  —  about  five-sixteenths  of  an 
inch  —  as  shown  in  Chapter  X.     Transcripts  made 


172  Practical  Court  Reporting. 

upon  this  kind  of  paper,  and  bound  in  the  form  indi- 
cated, upon  the  left  side,  possess  many  advantages 
over  those  made  upon  paper  not  having  numbered 
lines.  A  completed  transcript  may  be  divided,  with 
respect  to  the  form  and  order  of  its  contents,  into 
I.  Title  of  the  Court. 
II.  Name  of  the  County. 

III.  Title  of  the  case,  i.  e.,  the  names  of  the  parties. 

IV.  Introductory   statement   of  what  county,   at 

what  term  and  before  whom  tried. 
V.  Name  of  city  or  village  where  tried,  and  date 
of  commencement  of  trial. 
VI.  Brief  statement  of  character  of  action. 
VII.  Appearances,   i.   e.,  names  of  attorneys  and 
counsel  for  respective  parties. 
VIII.   Examination  of  jurors. 

a.  Statement  of  empanelling  jury  and  opening 
case. 
IX.  Testimony. 

a.  Name  of  witness. 

b.  By  whom  examined. 

c.  Direct-Examination,  or  Examination  in  Chief 

d.  Cross-Examination. 

e.  Re-Direct-Examination,  or  Re- Examination. 

f.  Re  Cross-Examination. 

g.  Questions, 
h.  Objections. 

i.  Offers  and  motions, 

j.  Rulings  and  remarks  by  Court, 

k.  Exceptions. 

1.  Adjournments, 

m.  Plaintiff  rests  (or  rested). 


Reading  ami  Transcribing  Notes.  173 

n.  Motions  for  nonsuit;  to  direct  a  verdict;  for 

a  disnnissal  of  the  complaint,  etc.,  etc. 
o.  (The  same  subdivisions  of  proceedings  from 
IX    clown     to    subdivision     "n"    both   in- 
clusive). 
p.   Defendant  rests  (or  rested), 
q.   Rebuttal  testimony  of  plaintiff, 
r.    Rebuttal  testimony  of  defendant, 
s.  Testimony  closed, 
t.   Renewal  of  motions,  etc. 
u.  Charge  of  the  Court. 
V.   Exceptions   to   the  charge,  and   requests   to 

charge. 
\v.  Proceedings   upon  and   subsequent  to  retire- 
ment of  jury:  (1)  Jury  retiring;    (2)  papers 
submitted  to  them  ;  (3)  further  instructions 
to  jury  when  requested  by  them  ;   (4)  ver- 
dict or  disagreement;   (5)  motion  for  extra 
allowance  of  costs  ;  (^6)  motion  to  set  aside 
the  verdict   and   for   a    new  trial ;    (7)  rul- 
ing upon  such  motion  and  exception  to  rul- 
ing: (8)  stay  of  proceedings. 
There  should  be  an  index  of  the  name   of  each 
witness  ;  the  page   upon  which  each  examination  of 
the  witness  commences  ;  the  page  upon  which  plaintiff 
and  defendant   rested  ;   tlie  page  at  which  the  testi- 
mony closed  ;  and  the  page  at  which  the  charge  to  the 
jury  begins.     Some  reporters  inde.x  exhibits.     This 
may  be  omitted.     It  is  seldom  inserted.     The  index 
maj'  appear  in  the  front  of  the  transcript,  upon  the 
page  preceding  that  upon  which  the  case  commences; 
or  it  may  be  placed  in  the  back  of  the  book.      If  the 


174  Practical  Court  jReporting. 

first  method  be  followed,  head  the  index  with  the 
title  of  the  court  and  names  of  parties,  and  append 
the  statement  of  the  reporter's  name  and  address  in 
this  form  :  Reported  by 

John  Fastvvriter,  Sten., 

Shorthandville,  N.  Y. 
If  the  index  be  placed  in  the  back  of  the  transcript, 
write  the  title  of  the  court,  names  of  the  parties  and 
the  reporter's  name  and  address,  in  the  form  just 
shown,  upon  the  fly-leaf  in  the  front  of  the  transcript. 
The  transcript  being  ready  for  binding,  a  cover  suita- 
ble to  the  bulk  of  the  case  should  be  used.  A  small 
transcript  may  be  bound  in  the  heavy  paper  used  by 
lawyers  for  covers  for  legal  papers.  For  large  tran- 
scripts, covers  of  heavier  and  more  durable  material 
should  be  selected.  The  judgment  of  the  reporter 
must,  as  respects  these  and  similar  details,  be  relied 
upon.  The  transcript  should  be  bound,  indexed  and 
arranged  with  reference  to  convenience,  durability 
and  neatness.  It  is  unusual  for  court  stenographers 
to  compare  a  transcript  made  by  themselves  with  the 
original  notes,  for  the  detection  of  errors  or  omissions. 
Sometimes  this  is  done  as  to  important  parts  of  the 
case,  expert  testimony,  etc.  A  different  rule  prevails 
when  transcripts  are  made  by  amanuenses,  unless 
the  latter  are  capable  and  painstaking.  Even  then 
comparison  should  be  made  of  the  parts  of  a  case 
just  referred  to. 

It  is  customary  to  estimate  the  number  of  folios 
in  a  transcript.  To  make  an  actual  count  (which 
one  court  has  held  to  be  necessary  under  certain 
circumstances)  would  be  an  interminable   job,  and 


Reading  and  I'ranscrilnng  Notes.  175 

worth  more  than  to  rc-writc  the  transcript.  A  piece 
of  mechanism  for  counting  words  has  been  devised 
which  may  be  attached  to  the  t)'pewriter.  As  we 
have  never  used  it,  we  know  nothing  of  its  merits. 
The  practicable  method  is  to  estimate  the  number  of 
fohos.  Experience  will  soon  teach  the  practitioner 
how  to  make  an  approximately  accurate  estimate. 
He  should  never  over-estimate  the  amount  of  the 
work.  Rather  give  the  purchaser  of  the  transcript 
the  benefit  of  a  hundred  folios  than  to  make  an 
overcharge. 

The  stenographer  has  the  same  lien  upon  a  tran- 
script for  his  fees  for  making  it  that  the  Common 
Law  gives  to  a  mechanic  upon  an  article  which  he 
has  made  or  upon  which  he  has  performed  work,  la- 
bor and  services.  The  nature  of  that  iien  is  the 
right  to  hold  the  article  until  the  amount  due  the 
mechanic  for  such  work,  labor  and  services  is  paid. 
If,  when  such  amount  becomes  due,  the  debtor  do 
not  pay  it,  the  artisan  has  the  right  (by  taking  the 
proper  procedure)  to  foreclose  his  lien  and  sell  the 
article,  and,  of  the  money  realized  upon  such  sale, 
to  retain  sufficient  to  liquidate  the  amount  of  his 
lien  and  defray  the  expenses  of  the  foreclosure. 
Possession  of  the  transcript  by  the  stenographer  is 
essential  to  the  life  of  this  lien.  If  he  voluntarily 
part  with  the  possession  of  it,  lie  loses  his  lien,  and 
must  resort  to  the  ordinary  remedies  to  enforce  his 
demand  against  his  debtor.  Let  the  young  court 
stenographer  be  upon  his  guard  against  the  smooth, 
plausible,  oily-tongued  attorney,  whose  promises  are 
as   easily    made    as    broken.     The    majority  of   the 


176  Practical  Court  Reporting. 

members  of  the  legal  profession  are  honest,  and 
honorable,  and  to  them  the  stenographer  may  de- 
liver transcript  and  implicitly  rely  upon  their  promises 
of  payment.  But,  there  are  lawyers  who  will  beat 
the  stenographer  with  impunity.  They  care  not  that 
he  has  expended  his  hard-earned  dollars  for  their 
convenience  in  the  payment  of  copyists  ;  neither  do 
they  care  for  the  days  and  nights  that  he  has  bent 
over  the  typewriter  and  pounded  its  keys  until  his 
finger-tips  have  become  as  numb  as  the  consciences 
of  these  "  dead-head  "  attorneys.  No,  not  they  I 
They  are  sui generis.  They  belong  to  a  species  of 
human  parasite  that  infests  the  body  politic,  and 
which  may,  ordinarily,  be  recognized  by  its  peculiar 
habits  and  appearance.  Their  statements  are  as 
certain  and  definite  as  the  movements  of  a  flea,  and 
their  promises  as  stable  as  the  colors  of  the  chameleon. 
Place  no  confidence  in  them.  Experience  will  lead 
the  practitioner  to  the  conclusion  which  we  reached 
years  ago  :  Do  not  deliver  transcripts  to  an  attorney 
whose  reputation  for  honesty  is  doubtful,  without 
payment  therefor,  unless  his  client  be  financially  re- 
sponsible. Never  refuse  to  accept  payment,  hov\^- 
ever  small,  upon  account.  Had  we  applied  the 
latter  rule,  we  should  not  have  been  defrauded  out 
of  $600  of  hard-earned  per  diem  and  transcript  fees 
in  one  case.  In  all  cases  where  the  per  diem  and 
transcript  charges  are  the  subject  of  agreement,  the 
stenographer,  when  employed  to  take  the  "  official  " 
minutes,  should  respectfully  request  the  attorneys 
to  make  a  stipulation  covering  the  details  of  the  con. 
tract,  which  should  be  entered  in  the  minutes.     This 


Reading  and  Transcribing  Notes.  ^11 

will   prevent  quibbling  respecting  the  terms  of  the 
agreement. 

The  young  practitioner  will  need  surmount  many 
discouraging  obstacles,  and,  if  he  be  conscientious, 
suffer  not  a  few  qualms  of  conscience,  before  he  be- 
comes competent  to  make  perfect  transcripts.  He 
should  not,  for  this  reason,  grow  faint-hearted.  Let 
him  remember  that,  while  proficiency  in  any  art,  and 
competency  in  any  vocation,  or  profession,  are  of  slow 
growth,  yet,  they  are  the  flower  of  talent,  the  culti- 
vation and  development  of  which  are  proportionate 
to  the  industry  and  assiduous  attention  devoted  to 
it  Let  him  attune  his  life  to  the  sentiment,  and 
voice  the  words  of  the  poet : 

"  As  the  bird  trims  her  to  the  gale, 

"  I  trim  myself  to  the  storm  of  time. 
"  I  m;in  the  rudder,  reef  the  sail, 

"  Obey  the  voice  at  eve  obeyed  at  prime, 
"  '  Lowly  faithful,  banish  fear, 

"  '  Right  onward  drive  unharmed  ; 
"  '  The  port,  well  worth  the  cruise,  is  near, 

"  '  And  every  wave  is  charmed.'" 


CHAPTER  IX. 


STENOGRAPHER- LAW. 


The  statutes  now  in  force  in,  and  the  decisions  of 
the  courts  of,  the  State  of  New  York,  of  importance 
to  the  law  stenographer,  are  as  follows : 

STATUTES. 

Stenographers  for  the  Court  of  Appeals. 

1.  Stenographers  to  report  proceedings  before 
any  judge  of  Court  of  Appeals,  etc.  The  stenog- 
raphers appointed  or  employed  in  the  Supreme  Court 
shall  perform  all  such  services  as  may  be  required 
from  them,  or  either  of  them,  in  reporting,  writing 
out,  and  copying  all  judicial  proceedings  which  may 
be  pending,  or  in  progress,  before  any  judge  of  the 
Court  of  Appeals,  or  justice  of  the  Supreme  Court, 
in  which  such  services  shall  be  required.  And  for 
the  performance  thereof,  such  reporter  shall  be  en- 
titled to  receive  the  same  compensation  as  is  now 
provided  for  similar  services  in  court,  and  which 
shall  be  certified  and  paid  in  the  same  manner. 
L.  1881,  c.  369,  §  I. 

2.  Other  competent  person  may  be  appointed 
to  perform  duties  of  stenographer,  when.  When 
the  official  stenographer,  whose  duty  according  to 
the  preceding  section  it  would  be  to  perform  such 
service  or  services,  is  otherwise  officially   employed, 


Stenographer-  Law.  i  7  9 

any  other  competent  person  ma}'  be  designated  and 
selected  to  perform  the  same  in  his  place,  and  shall 
receive  compensation  therefor  as  provided  in  the 
preceding  section.     Id.  §  2,  as  am'd  L.   1884,  c.  333. 

STENOGRAPHERS  FOR  THE  SUPREME  COURT. 
I.   Circuit  and  Oyer  and  Terminer. 

1.  Qualifications  of  stenographers.  Kach  stenog- 
rapher, specified  in  this  act  —  (the  Code  of  Civil  Pro- 
cedure) —  is  an  officer  of  the  court  or  courts,  for  or  by 
which  he  is  appointed  ;  and,  before  entering  upon 
the  discharge  of  his  duties,  must  subscribe  the  con- 
stitutional oath  of  office  and  file  the  same  in  the 
office  of  the  clerk  of  the  court,  or  in  the  supreme 
court,  in  the  office  of  the  clerk  of  the  county  where 
the  term  sits,  or  the  judge  resides,  by  which  or  by 
whom  he  is  appointed.  A  person  shall  not  be  ap- 
pointed to  the  office  of  stenographer,  unless  he  is 
skilled  in  the  stenographic  art.     Code  Civ.  Pro.  §  82. 

2.  Stenographers  of  first  judicial  district.  The 
justices  of  the  supreme  court  for  the  first  judicial 
district,  or  a  majority  of  them,  must  appoint,  and 
may  at  pleasure  remove,  a  stenographer  for  each 
term  of  the  circuit  court,  for  the  general  term  of  the 
svipreme  court,  and  for  each  special  term  of  the 
supreme  court  which  constitutes  a  separate  part. 
Each  stenographer  so  appointed  is  entitled  to  a  salary 
fixed  and  to  be  paid  as  prescribed  by  law  ;  he  must 
attend  all  the  sittings  of  the  part  for  which  he  is 
appointed.  If  the  judge  requires  a  copy  of  any  pro- 
ceedings written  out  at  length  from  stenographic 
notes,  he  may  make  an  order  directing  one-half  of 
the  stenographer's  fees   therefor  to  be  paid  by  each 


i8o  Practical  Court  Reporting. 

of  the  parties  to  the  action  or  special  proceeding,  at 
the  rate  often  cents  per  each  foHo  so  written  out, 
and  may  enforce  payment  thereof.  Any  such  copy 
shall  be  accessible  to  and  ma}'  be  examined  by  any 
of  the  counsel  in  the  cause.  If  there  are  two  or 
more  parties  on  the  same  side,  the  order  may  direct 
either  of  them  to  pay  the  sum  payable  by  their  side 
for  the  stenographer's  fees,  or  it  may  apportion  the 
payment  thereof  among  them  as  the  judge  deems 
just.     Code  Civ.  Pro.  §  251,  as  am'd  L.  1883,  c.  4. 

3.  Stenographers  for  extra  terms  in  New  York 
city.  The  judge  who  holds,  in  the  first  judicial  dis- 
trict, an  extraordinary  term  of  the  circuit  court,  or  an 
extraordinary  special  term  of  the  supreme  court,  must 
appoint  a  stenographer  for  that  term,  who  is  entitled 
to  a  compensation,  at  the  rate  and  in  the  manner 
prescribed  by  law  for  the  official  stenographer.  Code 
Civ.  Pro.  §  252. 

4.  Stenographers  for  oyer  and  terminer  in 
New  York  city.  The  judge  presiding  at  a  term  of 
the  court  of  oyer  and  terminer,  held  in  and  for  the 
city  and  county  of  New  York,  must  designate  a 
stenographer  of  the  supreme  court,  to  act  as  sten- 
ographer for  that  term  during  its  sitting,  who  is  not 
entitled  to  any  compensation  in  addition  to  his 
salary;  except  that,  if  a  copy  of  any  proceedings, 
written  out  at  length  from  the  stenographic  notes,  is 
required  for  the  use  of  the  presiding  judge  or  the 
district  attorney,  the  stenographer's  fees  therefor  are 
payable,  on  his  certificate,  as  a  county  charge.  Code 
Civ.  Pro.  §  253 

5.  Stenographers  in  Kings  county.     The  justices 


Stenographer- Lmv.  i8l 

of  the  supreme  court  residing  in  the  county  of  Kings, 
or  a  majority  of  thein,  must  appoint  and  may  at 
pleasure  remove  three  stenographers  who  shall  sev- 
erally attend,  as  directed  by  the  respective  judges 
appointing  them,  the  general  and  special  terms  of 
the  supreme  court,  and  the  terms  of  the  circuit  court 
and  court  of  oyer  and  terminer  in  the  county  of 
Kings,  and  shall  each  receive  an  annual  salary  of 
twenty-five  hundred  dollars,  and  the  expense  thereof 
shall  be  raised  with  the  annual  tax  levy  as  a  county 
charge.  Code  Civ.  Pro.  §  254,  as  am'd  L.  1884, 
c.  536. 

6.  Assistant.  The  stenographer,  appointed  as 
prescribed  in  the  last  section,  may,  with  the  consent 
of  the  judge  holding  or  presiding  at  a  special  term  of 
the  supreme  court,  or  term  of  the  circuit  court,  or 
court  of  oyer  and  terminer,  employ  an  assistant- 
stenographer,  to  aid  him  in  the  discharge  of  his 
duties  at  that  term,  whose  compensation  must  be 
paid  by  the  stenographer,  and  shall  not  become  a 
county  charge.     Code   Civ.  Pro.  §  255. 

7.  Stenographers  in  other  counties  of  second 
judicial  district.  Each  justice  of  the  supreme  court 
for  the  second  judicial  district,  who  does  not  reside 
in  the  count)'  of  Kings,  must  appoint,  and  may  at 
pleasure  remove,  a  stenographer,  who  must  attend, 
as  directed  by  the  justice  appointing  him,  the  gen- 
eral and  special  terms  of  the  supreme  court,  and  the 
terms  of  the  circuit  court  and  court  of  oyer  and 
terminer  held  in  the  counties  of  Suffolk,  Queens, 
Richmond,  Westchester,  Rockland,  Putnam,  Dutch- 
ess or  Orange,  and  when  not  thus  officially  engaged, 


1 82  Practical  Coicrt  Reporting;. 

the  stated  terms  of  the  county  court,  in  each  of  those 
counties.  Code  Civ.  Pro.  §  256,  as  am'd  L.  1877, 
c.  416, 

8.  Their  salaries,  how  paid.  Each  stenographer, 
appointed  as  prescribed  in  the  last  section,  is  entitled 
to  a  salary  fixed  by  law.  To  make  up  and  pay  the 
salaries,  the  board  of  supervisors  of  each  of  the  said 
counties  must  annually  levy,  and  cause  to  be  col- 
lected, as  a  county  charge,  a  proportionate  part  of 
the  sum  necessary  to  pay  the  same,  to  be  fixed  by 
the  Comptroller  of  the  State,  in  accordance  with 
the  amount  of  the  taxable  real  and  personal  prop- 
erty in  each  county,  as  shown  by  the  last  annual  as- 
sessment-roll therein.  The  treasurer  of  each  county 
must  pay  over  the  sum  so  raised,  to  the  Comptroller 
of  the  State,  who  must  thereupon  pay  the  salary  of 
each  stenographer,  in  equal  quarterly  payments,  un- 
der the  direction  of  the  justice  making  the  appoint- 
ment.    Code  Civ.   Pro.  §  257. 

9.  Salaries  in  third  judicial  district.  Each  of 
the  stenographers  of  the  supreme  court  in  the  third 
judicial  district,  whose  appointment  is  provided  for 
in  section  two  hundred  and  fifty-eight  of  the  Code  of 
Civil  Procedure,  (see  subdivision  13,  "  Stenographers 
for  Remaining  Districts  "),  shall  receive  a  salary  of 
two  thousand  dollars  a  year,  the  salaries  to  be  paid 
as  prescribed  in  section  two  hundred  and  fifty-nine 
(see  subdivision  14,  "  Salaries,  how  paid  ")  of  the  Code 
of  Civil  Procedure.     L.  1882,  c.  173,  §  i. 

10.  Same,  in  fifth  district.  Each  of  the  stenogra- 
phers of  the  supreme  court  of  the  fifth  judicial  dis- 
trict whose  appointment  is  provided   for  in   section 


Stenographer- Law.  183 

two  hundred  and  fifty-eight  nfthe  Code  of  Civil  Pro- 
cedure—  (see  subdivision  13)  —  shall  receive  a  salary 
of  two  thousand  dollars  per  annum,  to  be  paid  as  pre- 
scribed in  section  two  hundred  and  fifty-nine  —  (see 
subdivision   14)  —  of  said  Code.      L.  1884,  c.  332,  §  i . 

11.  Same  in  sixth  district.  Each  of  the  stenog- 
raphers of  the  supreme  court  of  the  sixth  judicial 
district  whose  appointment  is  provided  for  in  section 
two  hundred  and  fifty-eight  of  the  Code  of  Civil  Pro- 
cedure —  (see  subdivision  1 3)  —  shall  receive  a  salary 
of  two  thousand  dollars  per  annum,  to  be  paid  as  pre- 
scribed in  section  two  hundred  and  fifty-nine  —  (see 
subdivision  14)  —  of  the  Code  of  Civil  Procedure. 
L.  1882,  c.  325,  §  I. 

12.  Same  in  eighth  district.  Each  of  the  sten- 
ographers of  the  supreme  court  of  the  eighth  judi- 
cial district  whose  appointment  is  provided  for  in 
section  two  hundred  and  fifty-eight  of  the  Code  of 
Civil  Procedure  —  (see  subdivision  1 3)  —  shall  receive 
a  salary  of  two  thousand  dollars  a  year ;  the  salaries  to 
be  paid  as  prescribed  in  section  two  hundred  and  fifty- 
nine  of  the  Code  of  Civil  Procedure  —  (see  subdivision 
14)  —  and  such  stenographers  shall  report  and  tran- 
scribe opinions  for  the  justices  of  the  supreme  court, 
when  required,  without  additional  compensation,  and 
shall  within  twenty  days  after  notice  by  a  party  that 
he  intends  to  appeal,  make  a  case  and  exceptions  or 
bill  of  exceptions  in  a  criminal  or  civil  action  or 
that  briefs  are  to  be  made  or  arguments  prepared  in 
an  action  tried  before  the  court  without  a  jury,  file 
with  the  clerk  of  the  county  in  which  such  trial  took 
place  a  transcript  of  the  minutes  taken   by  him   on 


184  Practical  Court  Reporting. 

such  trial.  The  stenographer  shall  be  entitled  to  six 
cents  for  each  one  hundred  words  of  such  transcript, 
which  transcript  shall  be  certified  to  by  the  justice 
holding  the  court  at  which  the  trial  took  place.  Such 
sum  shall  be  paid  with  the  stenographer's  salary  in 
the  manner  prescribed  in  section  two  hundred  and 
fifty-nine  —  (see  subdivision  14)  —  of  the  Code  of  Civil 
Procedure.      L.  1883,  c.  215,  §  i,  as  am'd  L.  1888,  c. 

554- 

(Note. —  The  last  four  preceding  subdivisions  [9,  10.  11  and  12] 
relating  to  salaries  in  the  third,  fifth,  sixth  and  eighth  judicial  dis- 
tricts, were  repealed  by  implication  by  the  amendments  of  sections 
258  and  259  of  the  Code  of  Civ.  Pro.  by  ^  i  of  chap.  426,  L.  1S90, 
printed  as  amended  in  the  next  following  subdivision.  The  extent 
of  the  repeal  appears  to  be  as  to  the  amount  and  mode  of  pa3'ment 
of  salaries,  which  really  repeals  the  whole  of  subdivisions  9,  10, 
and  II,  and  that  part  of  12  relating  to  the  amount  of  salary.  It 
does  not  appear  to  affect  the  remainder  of  subdivision  12,  relat- 
ing to  the  duties  of  stenographers  in  the  eighth  judicial  district. 
It  seems  that  section  258  of  the  Code  of  Civ.  Pro.  [subdivision  13 
following],  as  now  in  force,  is  the  onl}'  provision  of  law  relating  to 
the  appointment  of  official  stenographers  of  the  supreme  courtand 
their  salaries  in  each  of  the  jud'cial  districts  of  the  State,  except  the 
first  and  second.) 

13.  Stenographers  for  the  remaining  districts. 

The  justices  of  the  supreme  court,  or  a  majority  of 
them,  for  each  judicial  district,  excepting  the  first 
and  second,  shall  appoint  and-  may  at  pleasure  re- 
move three  stenographers  of  the  supreme  court  of 
such  district.  Each  of  such  stenographers  shall  at- 
tend such  circuit  courts,  special  terms  of  the  supreme 
court,  and  court  of  oyer  and  terminer,  in  his  judicial 
district  as  he  shall  be  assigned  to  attend  by  the  jus- 
tices of  the  supreme  court,  or  a  majority  of  them,  for 
such  district.      Each  of  such  stenographers  shall  re- 


Stenograplwr-Law.  185 

ceive  an  annual  salary  of  twenty-five  hundred  dol- 
lars, to  be  paid  by  the  Comptroller  of  the  State,  in 
equal  quarterly  payments,  upon  the  certificate  of  a 
justice  of  the  supreme  court  of  the  judicial  district 
for  which  he  shall  have  been  appointed.  Code  Civ. 
Pro.  §  258,  as  am'd  L.    1890,  c.  426,  §  i. 

14.  Their  salaries,  how  paid.  To  provide  the 
means  to  pu)-  such  salary  the  Comptroller  of  the 
State  shall,  on  or  before  the  first  day  of  November 
in  each  year,  fix  and  transmit  to  the  clerk  of  the 
board  of  supervisors  in  each  of  the  counties  in  said 
district  a  statement  of  the  sum  to  he  raised  by  such 
board  of  supervisors,  in  accordance  with  the  amount 
of  taxable  real  and  personal  property  in  each  of  said 
counties  as  shown  by  the  last  annual  assessment- 
roll  therein.  The  boards  of  supervisors  in  each  of 
such  counties  shall  annually  levy  and  cause  to  be 
collected  in  such  county  and  to  be  paid  over  to  the 
county  treasurer  thereof,  the  sum  so  fixed  by  the 
Comptroller  to  be  raised  by  such  board  of  supervis- 
ors, and  such  county  treasurer  shall  pay  such  sum  to 
the  Comptroller  of  the  State  for  the  payment  of 
said  salaries.  Until  the  first  day  of  January,  1891, 
the  clerks  of  the  counties  composing  the  seventh 
judicial  district  in  which  a  term  of  court  specified  in 
section  one  —  (see  subdivision  13)  —  of  this  act  is  held 
must  furnish  the  stenograplier  attending  the  same 
with  a  certificate  of  the  number  of  days  the  term  has 
been  in  session.  Upon  the  certificate  so  furnished,  the 
supreme  court  or  special  term  thereof,  held  within 
said  judicial  district,  may,  not  oftener  than  once  in 
six   months,  by  order,  apportion  to  each   county  in 


1 86  Practical  Court  Reporting. 

said  district  such  a  portion  of  the  stenographer's 
salary  as  the  number  of  days  during  which  one  or 
more  terms  were  in  session  in  that  county  bears  to 
the  whole  number  of  days  during  which  the  terms 
were  in  session  in  that  district  since  the  last  appor- 
tionment was  made.  Upon  the  presentation  of  a 
certified  copy  of  such  an  order  each  county  treasurer 
must  pay  to  the  stenographer,  from  the  court  fund, 
or  the  fund  from  which  jurors  are  paid,  the  sum  so 
apportioned  to  his  county.  Code  Civ.  Pro,  §  259, 
as  am'd  L.  1890,  c.  426,  §  2. 

(Note. —  Section  261  of  the  Code  of  Civ.  Pro.,  providing 
for  the  appointment  and  payment  of  additional  stenographers 
when  two  courts  are  held  at  the  same  time,  was  repealed  by  §  3  of 
c.  426  of  L.  1890.) 

15.  Temporary  stenographer.  If  an  official 
stenographer  shall  not  be  in  attendance  at  a  term  of 
the  circuit  court,  special  term  of  the  supreme  court,  or 
court  of  oyer  and  terminer,  where  issues  of  fact  are 
triable,  the  justice  presiding  at  the  term  may  in  his 
discretion  employ  a  stenographer  who  shall  be  paid 
such  compensation  as  the  justice  shall  by  his  certificate 
fix,  not  to  exceed  ten  dollars  for  each  day's  attendance 
and  ten  cents  for  each  mile  for  travel  to  and  from 
his  residence  to  the  place  where  the  term  is  held,  to- 
gether with  a  reasonable  sum  for  his  necessary  ex- 
penses and  stationery.  The  sum  so  fixed  shall  be  a 
charge  upon  the  county  in  which  the  term  shall  be 
held,  and  shall  be  paid  by  the  county  treasurer  upon 
such  certificate,  frorn  the  court  fund  or  the  fund  from 
which  jurors  are  paid.  If  the  official  stenographer 
of  the  judicial  district  in  which  such  term  shall  be 
held  shall  have  been  duly  assigned  to  attend  such 


Stenographer- Law.  187 

term,  the  justice  shall  cause  an  order  of  the  court  to 
be  entered  at  such  term,  that  the  portion  of  the  sum 
so  paid  by  the  county  treasurer,  which  was  allowed 
for  the  per  diem  compensation  for  the  services  of  the 
stenographer  employed  at  such  term,  shall  be  de- 
ducted from  the  salary  of  the  official  stenographer 
who  shall  have  been  so  assigned  to  attend  such  term, 
and  the  clerk  of  said  county  shall  transmit  to  the 
Comptroller  a  certified  copy  of  such  order,  and  the 
Comptroller  shall  deduct  such  amount  from  the  sal- 
ary of  such  official  stenographer  and  pay  the  same 
to  the  treasurer  of  said  county.  Code  Civ.  Pro. 
§   262  as  am'd    L.  1890,   c.  426,  §  4. 

16.  Their  expenses,  how  paid.  Each  of  those 
stenographers- — (^meaning  those  specified  in  section 
258  of  the  Code  of  Civ.  Pro.  see  subdivision  13)  — 
is  also  entitled  to  payment  of  his  actual  and  neces- 
sary expenses,  while  attending  court,  including  sta- 
tionery, and  ten  cents  for  each  mile  for  his  actual 
travel,  between  the  place  of  holding  each  term  and 
his  residence,  going  and  returning,  or  from  term  to 
term  as  the  case  may  be.  The  amount  thereof  must 
be  certified  by  the  judge  holding  or  presiding  at  the 
term,  and  must  be  paid,  upon  his  certificate,  by  the 
treasurer  of  the  county  where  the  term  is  held,  from 
the  court  fund,  or  the  fund  from  which  jurors  are  paid. 
But  mileage  shall  not  be  computed  beyond  the  bounds 
of  the  judicial  district,  except  where  the  usual  line  of 
travel,  from  one  point  to  another  within  that  district, 
passes  partly  through  another  judicial  district.  Code 
Civ.  Pro.  §  260. 

17.  General  duty  of  stenographer  ;  notes,  when 


1 88  Practical  Court  Reporting. 

to  be  filed.  Each  stenographer,  specified  in  this  act, 
— -(meaning  the  Code  of  Civ.  Pro.)  —  must,  under 
the  direction  of  the  judge,  presiding  at  or  holding 
the  term  or  sitting  which  he  attends,  take  full  steno- 
graphic notes  of  tile  testimony,  and  of  all  other  pro- 
ceedings, in  each  cause  tried  or  heard  thereat,  except 
when  the  judge  dispenses  with  his  services  inapartic- 
ular  cause,  or  with  respect  to  a  portion  of  the  proceed- 
ings therein.  The  court,  or  a  judge  thereof,  may,  in  its 
or  his  discretion,  upon  or  without  an  application  for 
that  purpose,  make  an  order,  directing  the  stenog- 
rapher to  file  with  the  clerk,  forthwith  or  within  a 
specified  time,  the  original  stenographic  notes,  taken 
upon  a  trial  or  hearing  ;  whereupon  the  stenographer 
must    file    the  same    accordingl)-.     Code    Civ.    Pro. 

§83. 

18.  Notes,  how  preserved  ;  when  written  out. 
The  original  stenographic  notes,  taken  by  a  stenog- 
rapher, are  part  of  the  proceedings  in  the  cause  ; 
and,  unless  they  are  filed,  pursuant  to  an  order,  made 
as  prescribed  in  the  last  section,  they  must  be  care- 
fully preserved  by  the  stenographer,  for  two  years 
after  the  trial  or  hearing ;  at  the  expiration  of  which 
time  he  may  destroy  the  same.  If  the  stenographer 
dies,  or  his  office  becomes  otherwise  vacant,  before 
the  expiration  of  that  time,  they  must  be  delivered 
to  his  successor  in  office,  to  be  held  by  him  with  like 
effect,  as  if  they  had  been  taken  by  him.  They 
must  be  written  out  at  length  by  the  stenographer, 
if  a  judge  of  the  court  so  directs,  or  if  the  stenog- 
rapher is  required  to  so  do,  by  a  person  entitled  by 
law  to  a  copy  of  the  same,  so  written  out.     Unless 


Stenograp/ii'i-Lmv.  189 

such  direction  is  given,  or  sucli  a  requisition  is  made, 
the  stenographer  is  not  bound  so  to  write  them  out. 
Code  Civ.  Pro.  §  84. 

19.  Stenographers  to  turnish  gratuitously  copies 
of  proceedings  to  judges  Each  stenographer, 
specified  in  this  act,  must,  upon  request,  furnish,  with 
all  reasonable  diligence  and  without  charge,  to  the 
judge  holding  a  term  or  sitting,  which  he  has  at- 
tended, a  copy,  written  out  at  length  from  his 
stenographic  notes,  of  the  testimony  and  proceedings, 
or  a  part  thereof,  upon  a  trial  or  hearing,  at  that  term 
or  sitting.  But  this  section  does  not  affect  a  pro- 
vision of  law,  authorizing  the  judge  to  direct  a  party 
or  the  parties  to  an  action  or  a  special  proceeding, 
or  the  county  treasurer,  to  pay  the  stenographer's 
fees  for  such  a  copy.     Code  Civ.  Pro.  §  85. 

20.  To  furnish  like  copies  to  parties,  district 
attorney  and  attorney-general  ;  compensation. 
Each  stenographer,  specified  in  this  act  must  likewise, 
upon  request,  furnish,  with  all  reasonable  diligence,  to 
the  defendant  in  a  criminal  cause,  or  a  party,  or  his 
attorney  in  a  civil  cause,  in  which  he  has  attended 
the  trial  or  hearing,  a  copy,  written  out  at  length 
from  his  stenographic  notes,  of  the  testimony  and 
proceedings,  or  a  part  thereof,  upon  the  trial  or  hear- 
ing, upon  payment,  by  the  person  requiring  the 
same,  of  the  fees  allowed  by  law.  If  the  dis- 
trict attorney  or  the  attorney  general  requires  such 
a  copy,  in  a  criminal  cause,  the  stenographer  is  en- 
titled to  his  fees  therefor;  but  he  must  furnish  it, 
upon  receiving  a  certificate  of  the  sum  to  which  he 
is  so  entitled  ;  which  shall  be  a  county  charge,  and 


IQO  Practical  Court  Reporting. 

must  be  paid  by  the  county  treasurer,  upon  a  certifi- 
cate, like  other  county  charges.  Code  Civ.  Pro.  §  86. 
21.  These  sections  applicable  to  assistant-sten- 
ographers. The  provisions  of  the  last  five  sections 
are  also  applicable  to  each  assistant-stenographer, 
now  in  office  or  appointed  or  employed,  pursuant  to 
any  provision  of  this  act  —  (meaning  Code  of  Civ. 
Pro.)  —  except  that  the  stenographic  notes,  taken  by 
an  assistant-stenographer,  must,  if  he  dies  or  his 
office  becomes  otherwise  vacant,  be  delivered  to  the 
stenographer,  to  be  held  by  him  with  like  effect,  as 
if  they  had  been  taken  by  him.  Code  Civ.  Pro.  §  87. 
II.  Special  Terjns. 

1.  Appointment  and  removal.  Each  of  the  jus- 
tices of  the  supreme  court  assigned  to  hold  special 
terms  in  the  fourth  judicial  district,  for  the  hearing 
of  contested  motions  and  the  trial  of  issues  of  fact 
and  law,  may  appoint  and  at  pleasure  remove  a 
stenographer,  who  must  attend  and  perform  all  such 
services  as  may  be  required  of  him  in  reporting, 
writing  out,  copying  and  otherwise  assisting  in  all 
judicial  proceedings  before  the  justices  appointing 

.him,  and  also  in  transmitting  papers  to  the  county 
clerks'  offices  in  said  district  for  filing  and  entry 
therein.     L.  1886,  c.  401,  §  i. 

2.  Salary  and  expenses,  how  paid ;  county 
charge.  Each  stenographer  so  appointed  shall  re- 
ceive a  salary  fixed  by  said  justice,  not  exceeding 
seven  hundred  and  fifty  dollars  per  annum,  and  also 
a  reasonable  sum  for  actual  necessary  expenses  while 
traveling  to  and  from  said  terms  and  while  attending 
court,  including  stationery,   and    the  same  shall  be 


Stenographer-  Law.  xgj 

payable  by  the  Comptroller  in  equal  quarterly  pay- 
ments, upon  the  certificate  of  said  justice.  To  pro- 
vide the  means  for  paying  said  salaries  and  expenses, 
each  of  said  justices  shall,  on  the  first  day  of  October, 
eighteen  hundred  and  eighty-six,  and  annually  there- 
after, fix  and  transmit  to  the  Comptroller  the  amount 
thereof,  and  the  Comptroller  shall  on  the  first  day  of 
November,  eighteen  hundred  and  eighty-six,  and  in 
each  and  every  year  thereafter,  fix  and  transmit  to 
the  clerk  of  each  board  of  supervisors,  in  said  district, 
a  statement  of  the  sum  to  be  raised  by  the  board  of 
supervisors  of  each  of  the  counties  within  said  dis- 
trict, in  accordance  with  the  amount  of  taxable  real 
and  personal  property  in  each  of  said  counties,  as 
shown  by  the  last  assessment-roll  therein.  Said 
board  of  supervisors  must  annually  levy  and  cause  to 
be  collected,  as  a  county  charge,  and  paid  over  to  the 
several  county  treasurers  the  several  sums  fixed  by 
the  Comptroller,  and  such  county  treasurers  shall 
pay  over  the  sum  so  collected  to  the  Comptroller  of 
the  State,  for  the  payment  of  such  salaries  and  ex- 
penses.    Id.  §  2. 

STENOGRAPHERS  FOR  COUNTY  COURTS. 

I.  Stenographers.  The  board  of  supervisors  of 
any  count)',  except  Kings,  Livingston,  Monroe, 
Cortland,  Oswego,  Westchester  and  Onondaga,  may, 
in  their  discretion,  provide  for  the  employment  of  a 
stenographer  for  the  county  court  and  court  of  sessions 
thereof,  and  ./hen  said  board  of  supervisors  shall  so 
provide,  the  stenographer  shall  be  appointed  by  the 
presiding  judge  of  said  courts,  and  said  board  of  su- 
pervisors must  fix  his  compensation,  and  provide  for 


192  Practical  Court  Reporting. 

the  payment  thereof,  in  the  same  manner  as  other 
county  expenses  are  paid.  Code  Civ.  Pro.  §  358,33 
am'd  L.  1883,  c.  403. 

2.  Same,  in  Kings  county.  The  county  judge  of 
the  county  of  Kings,  from  time  to  time,  must  ap- 
point, and  may  at  pleasure  remove,  a  stenographer, 
to  be  attached  to  the  county  court,  and  the  court  of 
sessions  of  the  county  of  Kings;  who  is  entitled  to  a 
salary,  fixed  and  to  be  paid  as  prescribed  by  law. 
He  must  attend  each  trial  of  an  issue  of  fact  in  the 
county  court  or  court  of  sessions.  The  stenographer, 
appointed  as  prescribed  in  this  section,  may,  with  the 
consent  of  the  county  judge,  appoint  an  assistant 
stenographer,  to  aid  him  in  the  discharge  of  his 
duties,  whose  compensation  shall  be  paid  by  the 
stenographer,  and  is  not  a  county  charge.  Code 
Civ.  Pro.  §  359,  as  am'd  L.  1877,  c.  416. 

3.  Stenographers  in  certain  counties.  The  judge 
holding  or  presiding  at  a  term  of  the  county  court 
or  court  of  sessions  in  either  of  the  counties  of  Liv- 
ingston, Niagara,  Monroe,  Onondaga,  Oswego  or 
Cortland  where  issues  of  fact  are  triable,  may  em- 
ploy a  stenographer  to  take  stenographic  notes  upon 
trials  thereat,  who  is  entitled  to  a  compensation  to 
be  certified  by  the  judge,  not  exceeding  ten  dollars 
for  each  day's  attendance,  at  the  request  of  the 
judge.  The  stenographer's  compensation  is  a  charge 
upon  the  county,  and  in  the  counties  of  Livingston 
and  Onondaga  must  be  audited,  allowed  and  paid  as 
other  county  charges  ;  and  in  the  counties  of  Monroe, 
Niagara,  Oswego  and  Cortland  must  be  paid  by 
the    county    treasurer,    on    an    order    of   the    court, 


Stenographer-  Law.  193 

granted  on  the  affidavit  of  the  stenographer  and  the 
certificate  of  the  judge  that  the  services  were  rendered. 
The  judge  of  the  county  court  and  court  of  sessions 
of  Erie  county  may  appoint  and  may  at  pleasure  re- 
move a  stenographer  of  said  courts,  who  must  attend 
each  term  of  the  said  courts  where  issues  of  fact  in  civil 
or  criminal  cases  are  triable,  and  shall  receive  there- 
for a  salary  of  fifteen  hundred  dollars  per  annum,  to- 
gether with  his  necessary  expenses  for  stationery,  to 
be  paid  by  the  treasurer  of  said  county  of  Erie,  in 
equal  monthly  installments,  on  the  certificate  of  the 
judge  of  said  courts  that  the  services  have  been  actu- 
ally performed  or  the  expenses  necessarily  incurred. 
Said  stenographer  shall  also  report  and  transcribe 
opinions  for  the  judge  of  said  courts,  as  well  as  spe- 
cial proceedings  where  a  stenographer  is  required, 
without  additional  compensation.  Code  Civ.  Pro. 
§  361,  as  am'd  L.   1890,  c.  312,  §  i. 

STENOGRAPHERS  FOR  GRAND  JURIES. 

I.  How  appointed  ;  proviso.  It  shall  be  lawful 
for  the  county  judge  of  any  county  of  this  State, 
upon  the  recommendation  of  the  district  attorney  of 
such  county,  to  appoint  a  stenographer  to  take  the 
testimony  given  before  grand  juries  in  said  county, 
excepting  that  in  the  counties  of  New  York  and  Erie 
such  appointments  shall  be  made  by  the  district  at- 
torney of  said  counties  of  New  York  and  Erie,  re- 
spectively, provided  that  in  all  counties  not  having  a 
population  of  seventy-five  thousand,  as  shown  by  the 
State  or  Federal  census  next  preceding  such  appoint- 
ment, the  county  judge  shall  only  appoint  such 
stenographer  upon  a  favorable  vote  of  the  board  of 


1 94  Practical  Court  Reporting. 

supervisors  of  said  county.     L.  1885,  c.  348,  §  i,  as 
am'd  L.  1886,  c.  131. 

2.  Qualifications  of  same.  Every  stenographer 
appointed  under  the  provisions  of  this  act  shall  be  a 
citizen  and  resident  of  the  county  in  which  he  is  ap- 
pointed.    L.  1885,  c.  348,  §  2. 

3.  Revoking  appointment.  Any  appointment 
made  under  the  provisions  of  this  act  may  be  re- 
voked by  the  authority  making  the  same,  which  re- 
vocation must  be  in  writing  and  be  iiled  in  the  office 
of  the  clerk  of  the  county  in  which  such  appoint- 
ment was  filed.      Id.  §  4. 

4.  Duties  ;  original  testimony.  It  shall  be  law- 
ful for  any  stenographer,  duly  appointed  and 
qualified  as  hereinbefore  provided,  to  attend  and  be 
present  at  the  session  of  every  grand  jury  impaneled 
in  the  county  in  which  he  is  appointed,  and  it  shall 
be  his  duty  to  take  in  shorthand  the  testimony  in- 
troduced before  such  grand  juries,  and  to  furnish  to 
the  district  attorney  of  such  county  a  full  copy  of  all 
such  testimony  as  such  district  attorney  shall  require, 
but  he  shall  not  permit  any  other  person  to  take  a 
copy  of  the  same,  nor  of  any  portion  thereof,  nor  to 
read  the  same,  or  any  portion  thereof,  except  upon 
the  written  order  of  the  court  duly  made  after  hear- 
ing the  said  district  attorney.  AH  of  the  said  original 
minutes  shall  be  kept  in  the  custody  of  said  district 
attorney,  and  neither  the  same  nor  a  copy  of  the 
same,  or  of  any  portion  of  the  same  shall  be  taken 
from  the  office  of  said  district  attorney,  excepting 
as  above  provided.      Id.  §  5. 

5.  Stenographer  violating  act.      Every    stenog- 


( 


Stenographer- Law.  195 

rapher  appointed  as  aforesaid,  who  shall  violate  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor.      Id.  §6. 

6.  Compensation.  Each  stenographer  appointed 
as  aforesaid  shall  receive  such  compensation  for  ser- 
vices rendered  while  engaged  in  taking  testimony  be- 
fore a  grand  jury  as  shall  be  determined  by  the  board 
of  supervisors  of  the  county  in  which  he  is  appointed, 
excepting  that  in  the  county  of  New  York,  such 
compensation  shall  be  fixed  by  the  board  of  estimate 
and  apportionment  of  the  city  of  New  York,  and 
such  compensation  shall  not  be  less  than  five  nor 
more  than  ten  dollars  per  day ;  and  in  addition  thereto 
he  shall  be  entitled  to  and  shall  be  allowed  for  a  copy 
of  testimony  furnished  to  the  district  attorney  the 
same  rate  per  folio  as  is  now  allowed  to  stenographers 
of  the  county  courts  or  court  of  common  pleas  in 
their  respective  counties.  Such  compensation  shall 
be  a  county  charge,  and  shall  be  paid  by  the  treas- 
urer of  such  county  upon  the  affidavit  of  such 
stenographer  and  the  certificate  of  the  district  at- 
torney specifying  the  number  of  days  of  actual  ser- 
vice and  the  number  of  folios  of  copy  furnished.  Id- 

§7. 

STENOGRAPHERS    FOR   SURROGATES'    COURTS. 

I.  Stenographers  for  surrogates'  courts  ;  in 
New  York  and  Kings.  The  surrogate  of  each  of 
the  counties  of  New  York  aiul  Kings  must  appoint 
and  may,  for  cause,  remove,  a  stenographer  for  his 
court,  who  is  entitled  to  a  salary  fixed  by  law,  and 
to  be  paid  as  the  salaries  of  clerks  in  the  surrogate's 
office  are  paid.     Code  Civ.  Pro.  vj  2512. 


196  Practical  Court  Reportiti^. 

2.  Same  ;  in  other  counties.  The  surrogate  of 
each  county,  except  New  York  and  Kings,  may,  in 
his  discretion,  appoint,  and  at  pleasure  remove  a  sten- 
ographer for  his  court,  who  shall  be  paid  a  reasonable 
compensation,  certified  by  the  surrogate,  in  every 
case  in  which  he  takes  notes  of  testimony.  Such 
compensation  is  part  of  the  costs  of  the  proceedings. 
Code  Civ.  Pro.  §  2513. 

3.  Duty  of  stenographer.  The  stenographer  of 
a  surrogate's  court  must,  under  the  direction  of  the 
surrogate,  take  full  stenographic  notes  of  all  proceed- 
ings, in  which  oral  proofs  are  given,  except  where  the 
surrogate  otherwise  directs.  The  testimony  must  be 
legibly  written  out  at  length  by  him,  from  his  notes ; 
and  the  minutes  thereof,  as  so  written  out,  must,  after 
being  authenticated  as  prescribed  in  the  next  section, 
be  filed   in   the   surrogate's  office.     Code  Civ.   Pro. 

§  2541- 

4.  How  minutes  of  testimony  authenticated. 
The  minutes  of  testimony,  written  out  as  prescribed 
in  the  last  section,  or  taken  by  the  surrogate,  or 
under  his  direction,  while  the  witness  is  testifying, 
must,  before  being  filed,  be  authenticated  by  the 
signature  of  the  stenographer,  referee,  the  surrogate 
or  the  clerk  of  the  surrogate's  court,  as  the  case  may 
be,  to  the  effect  that  they  are  correct.  Code  Q\\\ 
Pro.  §  2542,  as  am'd  L.  1881,  c.  535. 

5.  Same  ;  to  be  bound  in  volumes,  etc.  In  the 
city  and  county  of  New  York,  in  the  county  of 
Kings,  and  in  any  other  county  where  the  super- 
visors so  direct,  the  minutes  of  testimony  written 
out  by  the  stenographer  must  be  bound,  at  the  ex- 


Stenographer- Law.  1 9  7 

pense  of  the  county,  in  volumes  of  convenient  size 
and  shape,  indorsed  "  Stenographic  minutes,"  and 
numbered  consecutively.  Upon  the  record  of  a  de- 
cree made  in  any  contested  matter,  the  surrogate 
must  cause  to  be  made  a  minute,  referring  to  each 
volume  of  the  stenographic  minutes,  and  to  the  pages 
thereof,  containing  any  testimony  relating  to  the 
matter.     Code  Civ.  Pro.  §  2543. 

6.  Expense  of  transcript.  *  *  *  *  the  sur- 
rogate may  order  —  (in  a  will  case)  —  a  copy  of  the 
stenographer's  minutes  to  be  furnished  to  the  con- 
testant's counsel,  and  charge  the  expense  thereof  to 
the  estate  if  he  shall  be  satisfied  that  the  contest  is 
made  in  good  faith.  Code  Civ.  Pro.  subdivision  3 
of  §  2558,  as  am'd  L.  1881,  c.  535. 

SUPERVISORS     TO      PROVIDE     FOR     COMPENSATION, 
ETC.,    OF    STENOGRAPHERS. 

Salary.  The  board  of  supervisors  of  each  county 
must  provide  for  the  payment  of  the  sums  chargeable 
upon  the  treasury  of  the  county,  for  the  salary,  fees,  or 
expenses  of  a  stenographer  or  assistant-stenographer ; 
and  all  laws  relating  to  raising  money  in  a  county,  by 
the  board  of  supervisors  thereof,  are  applicable  to 
those  sums.     Code  Civ.  Pro.  ^  88. 

TRANSCRIPTS. 

I.  Notes  of  stenographer ;  order  apportioning 
salary  of  same,  etc.  The  notes  of  an  official  stenog- 
rapher, or  assistant-stenographer,  taken  at  a  trial, 
when  written  out  at  length  may  be  treated,  in  the 
discretion  of  the  judge,  as  minutes  of  the  judge  upon 
the  trial  for  the  purposes  of  the  article.     (The  pur- 


198  Practical  Court  Reporting. 

poses  of  the  article  relate  to  exceptions,  case  and 
motion  for  new  trial.)  When,  by  provision  of  law,  a 
justice  of  the  supreme  court  of  this  State,  by  his  or- 
der, in  waiting,  duly  entered  in  a  county  clerk's  ofifice 
in  the  judicial  district  of  said  justice,  apportions  the 
stenographer's  salary  among  the  several  counties  of 
said  judicial  district,  or  requires  the  duplication  of 
any  stenographic  notes,  taken  in  said  judicial  district, 
no  notice  of  the  application  for  said  order  shall  be 
adjudged  necessary  upon  any  board  of  supervisors  in 
said  judicial  district,  and  the  liability  for  compensa- 
tion for  such  services  shall  be  deemed  fixed  upon  the 
performance  of  the  work.  Code  Civ.  Pro.  §  1007,  ^s 
am'd  L.  1884,  c.  277. 

2.  Stenographer  to  furnish  testimony.  A  copy 
of  the  testimony  taken  on  the  trial  — (of  a  convicted 
person  sentenced  to  State  Reformatory  at  Elmira)  — 
and  of  the  charge  of  the  court,  shall  be  furnished  to 
the  clerk  for  the  purposes  of  this  act  —  (this  relates 
to  the  duty  of  the  clerk  to  transmit  the  testimony)  — 
by  the  stenographer  acting  upon  the  trial,  or  if  no 
stenographer  be  present,  by  the  district  attorney  of 
the  county  ;  but  the  court  may  direct  the  district 
attorney  to  make  a  summary  of  such  testimony, 
which  summary  may,  after  approval  and  by  direc- 
tion of  the  court,  be  made  a  part  of  the  record 
herein  provided  for ;  and  if  the  court  so  directs,  a 
copy  of  the  testimony  need  not  be  made  and 
may  be  omitted  from  such  record.  The  stenog- 
rapher or  district  attorney  furnishing  such  copy  or 
summary  and  the  county  clerk,  shall  be  entitled  to 
such  compensation  in  each  case  in  which  they  shall 


I 


Stenographer- Law.  199 

perform  the  duties  required  by  this  act,  as  shall  be 
certified  to  be  just  by  the  judge  presiding  at  the  trial, 
and  shall  be  paid  by  the  county  in  w  hich  the  trial  is 
had,  as  part  of  the  court  expenses.     L.  1887,  c-  711, 

3.  Judge  must  transmit  transcribed  testimony 
to  governor.  The  judge,  presiding  at  the  term  at 
wliich  the  conviction  took  place  —  (in  cases  punishable 
by  death) —  must  immediately  thereupon  transmit  to 
the  governor  a  statement  of  the  conviction  and  sen- 
tence, with  the  notes  of  testimony  taken  upon  the 
trial  by  him  or  the  notes,  written  out,  taken  by  a 
stenographer  or  assistant-stenographer,  attending  the 
court  or  term  pursuant    to    law.      Code  Crim.   Pro. 

§493- 

4.  Minutes  of  testimony.     It  shall  be  the  duty  of 

the  district  attorneys  of  the  several  counties,  within 
thirty  days  after  the  close  of  any  term  of  the  court 
at  which  criminals  arc  tried,  to  file  in  the  county 
clerk's  office  full  and  correct  minutes,  or  a  copy 
thereof,  of  the  evidence  taken  on  the  trial  of  such 
criminals  as  have  been  convicted  at  said  term.  L. 
i860,  c.  135.  ^  I. 

5.  Transmission  of  same  to  governor.  It  shall 
be  the  duty  of  the  county  clerks  of  the  several  coun- 
ties in  this  State  to  transmit  to  the  governor,  on  his 
application,  such  minutes  of  testimony  as  filed  in 
their  offices  respectively.      Id.  Jj  2. 

6.  Paper.  *  *  *  i^  '\\\c  transcribed  minutes 
of  a  stenographer  taken  in  an\-  civil  or  criminal  ac- 
tion, or  in  any  hearing  or  special  proceeding,  civil  or 
criminal,  shall  be  written  or  t\'pewritten  on  paper  of 


200  Practical  Court  Reporting. 

the  size  hereinafter  specified  ^v  %  %  -i:!:  on  paper 
of  a  uniform  size,  as  follows :  The  paper  must  be 
ten  and  one-half  inches  by  eight  inches,  and  bound 
on  the  edge  of  the  greatest  length.  Code  Civ.  Pro. 
§796,  as  am'd  L.  1888,  c.  496. 

7.  Fees.  Except  where  otherwise  agreed,  or  when 
special  provision  is  otherwise  made  by  statute,  a 
stenographer  is  entitled,  for  a  copy  fully  written  out 
from  his  stenographic  notes  of  the  testimony,  or  any 
other  proceeding  taken  in  an  action,  or  a  special 
proceeding  in  a  court  of  record,  or  before  a  judge 
thereof,  and  furnished,  upon  request,  to  a  party  or 
his  attorney,  to  the  following  fees  for  each  folio :  In 
a  circuit  court  or  court  of  oyer  and  terminer,  or  at  a 
special  term  of  the  supreme  court  in  the  third,  fourth, 
fifth,  sixth,  seventh  or  eighth  judicial  district,  or  in 
the  supreme  court  of  Buffalo,  six  cents  ;  in  any  other 
court  or  courts,  ten  cents  ;  and  for  the  copy  of  the 
testimony  required  to  be  made  in  any  proceeding  for 
the  records  of  the  surrogate's  court  of  either  of  the 
counties  of  New  York  or  Kings,  ten  cents ;  and  the 
surrogate  may  order  that  the  fees  for  such  record 
copy  be  paid  out  of  the  estate  to  which  the  proceed- 
ing relates.  Code  Civ.  Pro.  §  331 1,  as  am'd  L.  1891, 
c.  356. 

Beside  the  foregoing  statutes,  there  are  others  re- 
lating to  the  stenographer,  his  duties  and  rights  ;  but 
these  being  of  local  interest,  it  is  thought  unneces- 
sary to  incorporate  them. 

DPXISIONS. 
A  stenographer  is  not    legally  known    in  judicial 
proceedings,  except  as  an  officer  of  the  court,  actiner 


Ste7io^rapher-  Law.  2  o  i 

under  its  direction,  and  subject  to  its  control.  On  a 
trial  at  circuit,  the  steno<^rapher  is  such  an  officer, 
and  acts  in  his  official  capacity  ;  but  on  a  trial  before 
a  referee,  the  employment  is  by  the  party  or  parties 
for  his  or  their  accommodation  simply,  and,  there- 
fore, it  seems,  his  fees  are  not  taxable  on  a  trial  be- 
fore a  referee,  unless  it  is  so  stipulated.  i^Varnum  v. 
Wheeler,  9  Civ.  Pro.  R.  (^Browne)  421.J 

A  client  is  responsible  for  stenographer's  fees  where 
the  stenographer  is  employed  by  his  attorneys  to 
take  the  minutes  of  proceedings  *  *  ^•^^  and  it  is 
immaterial  whether  the  parties,  sought  to  be  charged, 
instituted  the  proceedings  or  not.  (Harry  v.  Hilton, 
1 1  Abb.  N.  C.  448.) 

In  the  absence  of  special  agreement  imposing  a 
personal  liability,  an  attorney  for  one  of  the  parties 
to  an  action  cannot  be  held  personally  responsible 
for  the  services  of  a  stenographer  therein.  (Bonynge  v. 
Field,  81  N.  Y.  159.) 

As  a  general  rule,  an  attorney  will  incur  no  liability 
by  simply  requesting  a  stenographer  to  take  and  re- 
port the  evidence  and  proceedings  upon  the  trial  of 
an  indictment  against  his  client,  unless  he  expressly 
binds  himself  for  their  payment.  (Bonynge  v.  Water- 
bury,  12  Hun,  534.) 

In  the  absence  of  special  agreement,  all  the  parties 
to  the  action  are  joint!}'  liable  to  an  unofficial  sten- 
ographer employed  to  take  the  official  records  of  the 
proceedings  before  a  referee,  antl  furnish  the  parties 
with  copies  of  the  testimony.  (Adams  w  X.  \ .,  Lake 
Erie  and  W.  R.  R.  Co.,  20  Abb.  X.  C.  180.) 

An   attorney   has   implied    authorit)-    to    bind    his 


20  2  Practical  Court  Reporting. 

client  by  employing  a  stenographer  to  report  a  spe- 
cial issue,  and  the  right  of  such  stenographer  to 
recover  for  his  services  will  not  be  affected  if  the 
client  has  expressly  prohibited  such  employment, 
unless  the  stenographer  knew  of  such  prohibition. 
(Thornton  v.  Tuttle,  20  Abb.  N.  C.  308.) 

A  receiver  of  property  in  litigation  is  personally 
liable  for  the  fees  of  a  stenographer  employed  by 
his  attorney  to  take  the  testimony,  upon  a  reference 
to  state  his  accounts  as  receiver.  (Ryan  v.  Rand, 
20  Abb.  N.  C.  313.) 

An  attorney,  who  has  employed  and  paid  a  stenog- 
rapher, whose  minutes  have  been  used  by  the 
referee,  upon  the  trial  and  in  making  his  report,  has 
no  right  to  the  exclusive  possession  of  such  minutes, 
and  an  order  is  proper  that  requires  such  attorney 
to  deposit  them  for  the  purpose  of  enabling  defend- 
ant's attorney  to  make  a  case,  and  to  enable  the 
referee  to  settle  the  same,  if  one  was  made.  (Wood- 
worth  V.  Seymour,  16  Weekly  Dig.  43.) 

A  stenographer  is  not  obliged  to  deliver  the  min- 
utes of  the  evidence  taken  before  a  referee,  until  he 
has  been  paid  therefor.  If  he  make  such  delivery 
for  the  purpose  of  enabling  the  referee  to  examine 
and  use  the  minutes  as  the  basis  of  his  report,  it  is 
the  duty  of  the  referee  to  file  the  minutes  with  his 
report ;  although  the  stenographer's  fees  are  unpaid. 
The  stenographer  cannot  make  a  conditional  delivery 
of  his  minutes.     (Pope  v.  Perault,  22  Hun,  468.) 

Official  stenographers  cannot  require  prepayment 
of  transcript  fees  upon  a  computation  or  estimate  of 
the  probable  number  of  folios.     The  legal  rate  per 


Stenographer-  Law.  203 

folio  only  can  be  cliai<^cd,  and  the  number  of  folios 
must  be  ascertained  by  actual  count.  (Wright  v. 
Nostrand,  58  How.  Pr.  184.)  In  the  last  case  the 
decision  was  at  special  term,  and  cannot  be  regarded  as 
authoritative.  The  question  therein  arose  upon  a 
motion  at  the  December  (1879)  special  term  of  the 
New  York  (city)  Superior  Court  before  Justice 
Spier,  made  by  the  defendant's  attorneys  to  compel 
Mr.  Henry  \V.  Parkhurst,  the  official  stenographer 
of  the  equity  branch  of  that  court,  to  furnish  a 
copy  of  his  minutes  of  the  trial  of  the  action.  The 
report  of  the  case  before  us  does  not  disclose  that 
the  justice  wrote  or  handed  down  a  written  opinion 
The  language  of  the  case  appears  to  be  that  of  the 
reporter.  It  states  that  the  court  ordered  the  stenog» 
rapher  to  write  out  his  minutes  (which  he  had 
refused  doing  without  prepayment  of  transcript  fees) 
and  make  out  his  bill  at  ten  cents  per  folio  by  actual 
count.  It  then  purports  to  quote  the  language  of 
the  justice :  "  that  attorneys,  as  well  as  stenogra- 
phers, are  officers  of  the  court  and  subject  to  its 
orders,  and  that  in  any  case  where  it  should  be  made 
to  appear  that  an  attorney  had  wrongfully  refused  to 
pay  the  legal  charges  of  the  stenographer,  the  court 
would  protect  the  latter  by  a  summary  order  against 
the  attorney."  In  the  case  of  Guth  v.  Dalton  (58  How. 
Pr.  289)  in  which  a  motion  was  made  at  the  February 
(1880)  special  term  of  the  N.  Y.  (city)  Common  Pleas 
to  compel  an  official  stenographer  to  furnish  a  copy 
of  minutes,  Justice  Daly  decided  that  the  stenog- 
rapher ma)-  require  prepayment  of  his  fees,  and 
remarked  :  "  and  I   think  it  is  not  unreasonable  to 


204  Practical  Court  Reporting. 

require  it."  The  report  of  tlie  case  states  that  the 
motion  was  granted  "  on  tender  of  fees,  at  the  rate 
of  ten  cents  a  foHo." 

The  General  Term  (fifth  department)  of  the  su- 
preme court  in  a  recent  decision  (In  re  will  of  By- 
ron, deceased,  40  N.  Y.  State  Rep.  846,  Oct.  23, 
1 89 1)  in  construing  section  2558  (see  ante,  page 
197,  section  6  of  Surrogate's  courts,)  Justice  Lewis 
writing  the  opinion,  decided  that  the  order,  re- 
quired by  that  section  to  be  made  by  the  surro- 
gate, must  precede  the  furnishing  of  the  minutes. 
In  that  case  the  order  was  made  subsequent  to  the 
delivery  of  the  minutes.  The  learned  justice  in  the 
course  of  the  opinion  remarked  :  "  Had  the  appli- 
cation been  made  before  the  minutes  were  furnished, 
it  would  have  been  made  to  appear  to  the  surrogate 
that  his  ofificial  stenographer  had  already  furnished 
a  copy  of  most  of  the  testimony  to  the  proponents, 
for  which  he  had  charged  them  the  sum  of  $332. 
An  investigation  would  have  undoubtedly  shown 
that  the  stenographer,  when  he  made  the  copy  for 
the  appellants,  took  a  duplicate  impression  and  had 
on  hand  an  extra  copy  of  the  evidence.  It  would 
have  afforded  the  appellants  an  opportunity  to  loan 
to  the  contestants  their  copy  of  the  evidence  and 
thereby  save  the  expense  of  another  copy.  This 
case  very  aptly  illustrates  the  propriety  of  the  pro- 
vision of  the  Code  requiring  that  the  application  for 
the  order  should  precede  the  furnishing  of  the  min- 
utes. The  course  pursued  gave  to  the  stenographer 
an  opportunity  to  secure  $456.80  for  an  exceedingly 
small  outlay  on  his  part.     If  properly  regulated,  the 


Stenographer-  Law.  205 

services  of  a  stenographer  probably  facilitate  the 
business  of  our  courts.  Ihcy  at  least  conduce  to 
correctness,  but  unless  a  careful  supervision  is  exer- 
cised over  them  by  the  courts  their  charges  become 
exceedingly  burdensome  to  the  litigants.  If  this 
order  is  allowed  to  stand,  there  will  be  taken  out  of 
ihis  estate  for  the  work  of  a  mere  clerk  in  copying 
the  minutes  ot  the  trial  $788.80.  The  stenographer  of 
the  surrogate's  court  receives  a  salary  for  taking  the 
original  minutes.  We  are  not  advised  as  to  the  value 
of  this  estate,  but  assuming  it  to  be  an  average  estate 
the  stenographer's  charges  would  make  a  serious 
inroad  into  the  accumulations  of  the  testator." 

See  note  on  stenographers'  fees,    20  Abb.  N.  C. 
18311 


CHAPTER  X. 

WORDS,   DEFINITIONS   AND   FORMS. 

There  are  words  which  occur  very  often  in  legal 
phraseology  with  which  the  stenographer  should  be 
acquainted.  He  should  not  only  be  armed  with  an 
appropriate  and  convenient  phonographic  outline  to 
represent  these,  but  he  should  learn  their  meaning. 
These  words  will  be  given  below  in  alphabetical 
order. 

FREQUENT   WORDS. 


Abandon .  ed .  ing .  ment 

Abatement 

Abet-ted.ing.tor 

Abduct.ed.ing.ion 

Abort-ion.ive 

Abscond,  ed.ing 


Administra.  trix .  or.  tion 
Admiss.ible.ion.ibiiity 
Admit.ed.ing 
Adopt.ed.ion.ing 
Adulter,  y.er.ous.ation 
Adverse  (possession) 


Accept  ed-ing.ance.ation  Advance. d.ing. ment 


Accessor,  y.ies 

Accident.al 

Accommodat.ed-ing-ion 

Accomplice 

Accord  (and  satisfaction) 

Accounting. able 

Acknowledged.  ment-ing.\fford 

Accumulate,  d.ing.ation    Affix.ed.ing 


A  d  vertise .  d .  m  ent 

Advice 

Advise.d.or.ing 

.\ffi  davit 

Affinity 

Affirm,  ed.itive.ing.ation 


.•Vccuse.  d.ing. ation 
Acquit. ed.ing.tal 
Acre 

Act.ed.ing 
Action  .able 
Adapt,  ed.ing.ation 
Adjourn,  ment.  ing.ed 
Adjudge. d.ing 
Adjudicate. ed.  ing.  ion 
Admeasure,  d- ment 


Agen.t.cy 
Agree,  d. ment.  ing 
.\llege.d.ation.!ng 
Alien. ation 
Alter.ate.ation-ing 
Answer. ing.ed 
Appeal. ing  ed 
Appear.ed.ing.an 
Appel.late.ant 


Appl.y.ied.ication 
Appl .  icable.  icability 
Appoint,  ed.  ing.  ment 
Apportion. ed.  ing.  ment 
Apprais.al.ers.ing. 

ment.ed 

Apprehend,  ed.  ing.  sioa 

Arraign .  ed .  ing .  ment 

Argue .  d .  ment.  ing 

Arrest.ed.ing 

Arson 

Article 

Assault,  ed.  ing 

Assess,  ed.  ing. ment.  or 

Assets 

Assign.ee.  or.  d.ing.  ment 

Attach.ed.ment 

-■Vttempt.ed.ing 

Attend.ed.ing.ance 

-Attorney 

Authenticate .  d .  ing.  ation 

Auction. eer 

Audit 

Aver.ed.ment.ing. 


Words,  Ddjmitions  and  Forms 


207 


I 


I 


Bad  (faith) 

Baggage 

Bail.cc.or.ed.ing 

Ballot. ed.ing 

Bank-cr.ing 

Bank  note 

Bankrupt. ed.cy 

Bar 

Battery 

Bequest 

Bias 


Calendar 

Cancel .  ed .  lation .  ing 
Capacity,  ies.itaied 
Caption 
Carrier 
Case 
Cause 

Certain  ty.ly 
Certilv  led  icate.ication 
Certiorari 
Challeng.  ed.ing 
Chambers 
Change  ding 
Charge 
Chattel 
Check 
Child  ren 
Chose  (in  action) 
Circuit 
Citation 
Citizen  ship 
City 
Civil 
Claim 
Clerk 
Client 
Code 
Codicil 
Collateral 
Color 

Com  inence .  d .  ing .  meat 
Commission. ed.  or 
Commit,  ee.ed.  ing. ment 
Common 

Communicate,  d .  ing 
ation 


B. 

Bidder 

Bigamy 

Bill  (of  costs) 

Bill  (of  exchange) 

Bill  (of  particulars) 

Bill  (of  sale) 

Bill  (of  exceptions) 

Body 

Bond,  holder 

Book 

Boundary  ies 


Company 

Compensate,  d.  ation 
Competent. cy 
Complain  ed . ing . t 
Compromis.  ed.ing 
Comptroller 
Comput.e. ation.  ing.  ed 
Conceal .  ed .  ing  -  ment 
Conclude. d. ing 
Conclusion 
Concur,  red.  ing.  rent 
Condemn,  ed.ing.  ation 
Condition,  ed.al 
Conscientious 
Con<lone  d . ing . ation 
Conduct. ed.ing 
Confess. ed.ing. ion 
Confidential 
Confined,  ing- ment 
Conform  ed.ing 
Consanguinity 
Consent 

Consider,  ed.ing. ation 
Consign .  ed  .ing.  ee  or 
Consolidate .  d .  ing .  ation 
Conspir.ed.ing.acy 
Constable 

Constituted. ing. ation 
Construct. ed.ing.  ion 
Contempt 
Contest,  ed.ing 
Contingen.t.cy 
Contiguous 
('ontiiiue.d.  ing.  ation. 
uous 
Contract,  ed.ing 


Bouglit 
Breach 

Hribc-or.ing.ry 
Burden  (of  prooO 
Burglary,  ies 
Burn. ^.ed.ing 
Business 
Buy  .ing.  er 
By.  law 
By.stander 


Contribute,  d  -ory .  ing .  ion 
Converse. d. ation 
Controversy 
Con  vert,  ed- ing.  sion 
Convey.ed.ing.ance 
Convict,  ed.ing.  ion 
Convince.d.ing 
Copartner. ship 
Cojiy.ies.ied 
Coroner 

Corporate,  d.  ion 
Correct,  ed- ing.  tion 
Correspond .  ed .  ing .  ent . 
ence 
Corroborate .  d .  ing  .ation 
Costs 
Counsel 
Court-house 
Court,  room 
Court  lof- Record) 
Court  (not. of.  Record) 
Counterclaim,  ed.ing 
County 
County  (court) 
County  (judge) 
County  (clerk! 
County  (treasurer) 
County  (jail) 
Covenant. ed.ing 
Creditor 

Crim.e.inal.inate 
Cross. examined,  ation 
Cruel,  ty 
Curtesy 
Custody,  ian 


2o8 


Practical  Court  Reporting, 


Damage,  d.s.ing 

Danger,  ous 

Date.d 

Debt. or 

Deceased 

Decedent 

Deceit 

Deceive 

Decide 

Decision 

Declaration 

Decree 

Deed 

Default 

Defects 

Defend  ant.ed.ing 

Defense. ive 

Deficient. cy 

Defined 

Definite 

Delay,  ed 

Deliver,  y.ed 


D. 

Demand. ed 

Demur. rer 

Deny.ies.iai 

Department 

Deposit 

Depose 

Deposition 

Designat.e.ed.  ion 

Destroy,  ed.uction 

Detain 

Detention 

Determine,  d.ation 

Devise-d.ees 

Defraud. ed-ing 

Defective 

Degree 

Delusion 

Deputy  (slieriff) 

Direct,  ed.ingors 

Disable. ity 

Disagree,  d.ing.ment 

Discover,  ed-ing 


Disburse,  d.ment 
Discharge. d.ing 
Discontinue. d.ing  %wc~. 
Discover,  ed.ing.erv 
Discretion 
Disease 

Dismiss,  ed-ing.al 
Disorderly 
Dispossess,  ed .  ing 
Dispute,  d.ing.ation 
Disqualify,  ed.ication 
Dissolve. d.ing 

Dissolution 

Distinct 

Distruct.ive.ion 

Distribute,  ive.ion 

Disturb .  ed .  ing .  ance 

Dividend 

Divide,  d- ing 

Division 

Duty.ies 

Dwelling. house 


Eject. ed.ment 
Enlarge,  d.ment 
Entitle -d.ing 
Equityable 
Erase,  d-ure 
Error 
Escape 
Estate 


Estop,  ped.  ing.  el 
Evidence 
E.xamination 
Except  -  ed .  ing.  ion 
Exchangeed.ing 
Excise 
Execution 
Execute,  or.  trix.  ion 


Exhibit. ed. ing 

Expect,  ed.  ing. ation 

Expense. s. d.ing 

Experience 

Expert 

Express. ed. ing.'  -o 

Extend. ed.  ing. sion 


Fact.s 

Fail. ed.  ing- ure 

False,  ly 

Fee 

Felon. y.ious.Iy 

Fictitious 


Gave 

General. ly 
Genuine,  ness 
Gift 
Give.  n.  ing 


File. d.ing 

Final 

Find. ing. s 

Fiduciary 

Force 

Foreclose,  ed .  ing.  ure 

G. 

Goods 
Good  (faith) 
Grace  (days  of) 
Grand  (jury) 
Grant.ee. or. ed 


Forgery,  ed 

Form,  ed.er.  ing. atio^ 

Fraud. ulent.ly 

Further 

Future 


Ground. s 
Guarant.y.ee-or 
Guardian  (ad  litem) 
Guilty 


Words,  Definitions  and  Forms. 


209 


Habeas  (cnrpiis) 

Habitual  (drunkard) 

Handwriting 

Hearing 

Heir 

Hereafter 

Heretofore 

Hereinbefor 

Hereinafter 


H. 

Hereunto 
Herewith 
Hereto 
High-er.est 
Highway 
Homici.de. al 
Horse. s 
Horse  (car) 
Horse  (barn) 


Horse  (stable) 

Horse  (blanketi 

Horse  (shed) 

Hotel 

Hotel  (keeper) 

Hour 

House 

Husband 


lllcgttima  te  cy 

Impeach 

Imply,  icil  cation 

Imprison  ed  inent 

Improper 

Immaterial 

I  mpeach .  ed .  ing .  ment 

Incompetent. cy 

Impossible  ity 

I ncorporatc  ation .  ing 

Indefinite,  ness 

Indict. ing  ment 

Indorse.r.d-ing.ment 

Infant. cy 


I. 

Inferior 

Inforra.ed. ing. ation.  er 

Inherit,  ed.  ing. ance 

Innocent.ly.ce 

Injunction 

Injure. d.ies.y.ious 

Inquest 

Insan.e.ity 

Insolven.t.cy 

Institute. d. ing. ion 

Instruct  ed. ing. ion 

Instrument 

Insufiicien.t-cy 

Insure. d. ance 


Intend,  ed.  ing 
Intent,  ion 
Interested,  ing 
Interlocutory 
Intermediate 
Interrogatory. ies 
Intervene. d. ing 
Intesta.te.cy 
Intoxicate,  d.  ing.  ion 
Inventory. ies. ing 
Invoiced 
Irregular. ly  ity 
Irrelevan.l.cy 
Issue. s.d 


Jail. ed. or 

Jeopardy 

Joint 

Judge 

Judgment 


Knew 


Judicial  (notice) 
Jurisdiction 
Juror. s 
Jury,  ies 


K. 


Kill. ed. ing 


Jury  (box) 
Justice 

Justif.y.iable.ied.ing. 
ication 


Know. ing. ledge. ingly 


Laches 

Land 

Landlord 

Larceny 

Law  s.ful 

Leading 

Lease  d.ing 


Leave,  ing 

Legal,  ly 

Legacy 

Legatee 

Legislature 

Less.  ee.  or 

Letters 


Levy 

License. d 

Lien 

Life 

Limit. ed. ing. ation 

Liquidate,  d.ing.  ion 

Lun.acy.atic 


2IO 


Practical  Court  Reporting. 


Machine. ry 

Magistrate 

Mail.ed.ing 

Magnitude 

Maintain. ed.ing 

Maintenance 

Malice 

Malicious,  ness 

Malpractice 

Man 

Mandamus 

Mandate 

Mania,  cal 

Manifest.ed.ation 

Manufacture,  d.ing.ory 


M. 

Manslaughter 
Map 

Market  (value) 
I  Marl<. ed.ing 
Marry .  led .  iage.iagable 
Measure,  d-ing.ment 
Mechanical 
Medicine,  al 
Meet.ing-s 
Member 

Memoranda,  dum 
Men 

Merchandise 
Merger. ed 
Merit. s.orious 


Minor. s 

Minutes 

Misappropriate. d. ion. ing 

Misconduct 

Misdemeanor 

Mistake,  n 

Mitigat .  ed .  ing .  ion 

Mone.y.ies 

Mortgage .  s.  or.  ee 

Motion 

Municipal 

Murder. ous.  ing. er 

Mutila.te.tion 

Mutual 


Name. ed.ing 

National 

Nature.al 

Navigate,  d- ing.  ion 

Necessar.y.ies.ily 

Necess.itate.itaied 

Negative 


N. 

Neglect. ed.ing  Non. resident 

Negligen.t.tly.ce  Non. suit. ed 

Negoti. ate.  ated. able.  Notary,  ies 

ability. ation.ating  Note.s 

Newspaper  Notice. d. ing 

Next.  (of.  kin)  Notify. ied.ication. ing 

Night-time  Numerous 


Oath.s 

Object. ed.ing. ion 
Oblige,  d.  ing. ation 
Obscene. ity 
Obstruct,  ed.ing.  ion 
Obtain. ed.ing 
Occup.y.ied.  ing.  ation 
Offend,  ed.ing 


o. 

Offense 
Offer,  ed.ing 
Office. er.ial 
Off.  set 
Omit. ted. ing 
Omission 
Opinion 


Order. ed.ing 

Ordnance 

Origin,  ate 

Overseer 

Own.ed.er.ing 

Ownership 

Oyer,  (and .  Terminer) 


Paid 
Paper. s 
Part. ed. ing. ial 
Particular,  s.ity  .ly 
Partition,  ed 
Party,  ies 
Partner. s. ship 
Passenger 


P. 

Patent. ed.ing 

Pay.ment.ing 

Peaceful 

Penal,  ty 

Pend.ing.ency 

Penitentiary 

Peremptor.yily 

Perform .  ed  ing . ance 


Perjury 

Person. al.alty 

Petit 

Petition. er. ing. ed 

Physi.cian.cal 

Plaintiff 

Plead. ings 

Point,  s 


Worch,  Definitions  and  Forms. 


21  I 


Policemiin 
Possess,  ud .  ing.  ion 
Post,  office 
I'ostpone.d-ing  ill 
Practic.e.d.ing.al 
Povvers.ful 
Prefer  red .  ing .  ment 
Premium 

Present. ed.  ing.  meni. 
ation 


Presump-tive.tion 

Presence 

Pretense 

Princiiial.ly 

Prisoner 

Privileged 

Probate,  d.  ing 

Proceed .  ed .  ing .  ings 

Process 

Production 


Professional 
Promised. ing. sory 
Proof 
Property 
Protest,  ed.  ing 
Prove 

Publicly. ation 
Publish,  ed. ing 
Punish  ed . ing . ment 
Purchased,  ing.  or 


(Question 


Quality 


Quantity 


Railroad 
Raped. ing 
R  eal .  (propert  y .  estate) 
Reason  able. ably 
Receiver. ship 
Recognize .  d .  ing .  tion 
Recognizance 
Recommend .  ed .  ing . 

ation 
Reconsider,  ed .  ing .  alio  n 


Record. s.ed.  ing. er 
Recov.er.ed.ing  ery 
Refer. ee.  once.  red.  ing 
Rel  ease.  d.  ing 
Relief 

Remedy,  ied 
Renled-ing 
Replev.ied.ia 
Reply. ied 
Report,  ed 


Represent,  ed .  ing . 

ation  .ative 
Request. ed. ing 
Resided,  ing.  nt.  nee 
Retaxation 
Return. ed. ing 
Revoke.ed-ing 
Revocation 
Right,  s.ful 
Rule. s.ed. ing 


Sale 

Saloon 

Satisfy .  ied .  ing .  action 

Scienter 

Seal 

Secure. ed  ing.ity 

Seduce. d  ing. tion 

Service  able 

Session 

Set. off 

bottled. mg. ment 

Several,  ty 

Sherifl 

Sign. ed. ing  aturc 

Slander  ed  ous 

Special 

Specific 


State. ed. ing. ment 

Statute. ory 

Stay 

Stealing 

Stipulate. d.mg-ion 

Stock,  holder 

Stolen 

Subject,  matter 

Submit,  ted.  ing. ssion 

Submission 

Subpoena. ed. ing 

Subscribe. d. ing 

Subscription 

Substitute .  ed .  ing .  ion 

Suit 

Summary 


Summon. ed. ing. s 
Superintend .  ed .  ing. 

ency 
Superior. ity 
Supervise. or 
Supplement,  alary 
Supreme 
Surety.  les 
Surplus. age 
Surrend.er.ed.ing 
Surrogate 
Sustain,  ed.  ing 
Survive.al.or.orship 
Swear,  ing 
Svk'ore.n 
Sentence,  ed.  ing 


212 


Practical  Court  Reporting. 


Tax.ation 
Technical. ity 
Tenan.t.cy 
Tender 
Term 

Territory,  ial 
Testament. ary 


Unauthorized 
Uncertain,  ty 


T. 

Testa,  trix.  or 

Testimony 

Threats 

Title 

Tort 

Trade. mai 


u. 

Undersheriflf 
Undertaking 


Transcript,  ion 

Transfer,  red.  ing.ee. or 

Transport .  ed .  ing .  ation 

Trespass,  ed.ing.er 

Tnal 

Trust,  ee.eeship 


Unsound. ness 
Usur.y.ious 


Vacat.e.ing 
Vagrant,  s 
Valu.e.ed.ing.  ation 
Vary  .ied.ing.ance. ation 
Venire 


V. 

Venue 
Verdict 
Verify,  ication 
Vest.ed 


Waive,  d.ing.er 

Warrant,  y.ee. or.  ed.ing 

Widow 

Wife 

Wilfull.y 


w. 

Will.ed-ing 
With.  draw,  al.ing 
With. drew 
With. hold. ing 
Witness,  es.  ed.  ing 


Violate .  d .  ing .  ion 
Void 

Voluntary. ily 
Voucher,  s 


Writ 
Write 

Writ.  ing.  ten 
Wrong,  ed- fully 


An  explanation  of  some  words  and  phrases  was 
given  in  Chapter  VII.  Beside  these,  there  are 
others  which  the  law  stenographer  will  meet,  and 
which  he  must  recognize  and  understand.  Following 
will  be  found  those  that  will  prove  of  most  con- 
venience. 

DEFINITIONS. 

A. 

Ab  initio  (Lat.)  —  From  the  beginning. 
Ad  infinitum  (Lat.) — -To  the  utmost. 
Ad  libitum  (Lat.)  —  At  pleasure;  at  will. 


I 


Words,  Definitions  and  Forms.  2 1 3 

Ad  litem  (^Lat.)  —  To  (or  in)  the  suit  or  (contro- 
versy). 

Administrator  dc  son  tort  (Fr.)  —  Administrator  in 
his  own  wrong. 

A  fortiori  (Lat.)  —  By  so  much  the  stronger  ;  by  a 
more  powerful  reason. 

Alibi  (Lat.)  —  In  another  place. 

Aliter  (Lat.)  —  Otherwise. 

Aliunde  (Lat.)  —  From  another  place  ;  or  from  some 
other  person. 

A  mensa  ct  thoro  (Lat.)  —  Divorce  from  bed  and 
board. 

Amicus  curiae  (Lat.) — -A  friend  of  the  court. 

Animus  furandi  (Lat.)  — Intention  to  steal. 

Animus  revertendi  (Lat.)  —  Intention  to  return. 

A  posteriori  (Lat.)  —  "From  the  latter."  Some- 
times referring  to  mode  of  argument. 

A  priori  (Lat.)  —  From  the  former. 

Audi  alteram  partem  (Lat.)  —  Hear  the  other  side. 

Autrefois  acquit  (Fr.)  —  Formerly  acquitted. 

Autre  droit  (Fr.)  — Another's  right. 

A  vinculo  matrimonii  (Lat.)  —  From  the  bonds  of 
matrimony. 

B. 

Banco  (Lat.)  —  In  court. 

Baron  et  feme  (Lat.)^  Husband  and  wife. 

Bona  (Lat.)  — •  Goods  ;  personal  estate.  (Rarely  used 

in  this  sense.) 
Bona  fide  (Lat.) — -In  good  faith.  (Frequently  used.) 
Bonus  (Lat.) — ^  (Literally,  good.)     A  consideration 

given  for  that  which  is  received. 


2  1 4  Practical  Court  Reporting. 

c. 

Capias  (Lat.)  —  "  You   may  take."      Writ   for  a  de- 
fendant's arrest. 

Causa  mortis  (Lat.)  —  In  prospect  of  death. 

Caveat  emptor  (Lat.)  —  Let  the  purchaser  beware. 

Cestui  que  trust  (Fr.)  —  Persons  for  whose  use   an- 
other has  title  to  lands,  etc. 

Chose  in  action  (Fr.)  —  A  thing  in  action. 

Clausum  fregit  (Lat.)  —  He  broke  the  close,  or  field. 

Color  of  title  — The  appearance   of  title;  apparent 
title. 

Compos  mentis  (Lat.)  —  Of  sound  mind. 

Corpus  delicti  (Lat.)  — The  body  of  the  crime  —  th*- 
very  nature  and  essence  thereof. 

Cum  onere  (Lat.)  —  With  the  burden. 

D. 

Damnum  absque  injuria  (Lat.)  —  Loss  without  an 

injury. 
Datum  (Lat.)  —A  point  fixed  upon. 
De  bene  esse  (Lat.)  —  Conditional. 
De  bonis  asportatis  (Lat.)— Of  goods  carried  away. 
De  bonis  non  (Lat.)  —  Of  goods  not  administered. 
De  donis  (Lat.)  —  Concerning  gifts  or  grants 
De  facto  (Lat.)  —  In  fact. 
Dehors  (Fr.)  —  Away  from. 

De  jure  (Lat.)  —  In  or  concerning  the  law,  or  right. 
Del  credere  (Lat.)  — Of  trust. 
De  minimis  non  curat    lex  (Lat.)  — The    law   does 

not  regard  trifles. 
De  novo  (Lat.)  —  Anew:  to  begin  again. 
De  present!  (Lat.)  —  Present  time. 


Words,  Definitiom  and  Forms.  2 1 5 

De  son  tort  (Fr.)  —  His  own  wrong. 

Dicta  (Singular,  dictum)  (Lat.j —Sayings ;  state, 
ments ;  assertions. 

Dies  (Singular,  die)  (Lat.)  —  Days. 

Donatio  mortis  causa  (Lat.)  —  A  gift  in  prospect  of 
death. 

Duces  tecum  (Lat.)  —  That  you  bring  with  you. 
(Name  of  a  subpoena  requiring  a  witness  to  pro- 
duce books,  papers,  etc.,  upon  trial.) 

E. 

Eo  instanti  (Lat.)  —  Immediately. 

Estoppel  (Lat.)  —  A  stop.  (One  is  estopped  from 
doing  an  act,  contrary  to  some  act  or  declara- 
tion previously  done  or  performed,  upon  the 
strength  of  which  another  has  acted.) 

Et  alium  (Lat.  singular)  —  And  another. 

Et  alios  (Lat.  plural)  —  And  others.  (Abbreviated 
to  "  et  al."  and  used  to  indicate  several  parties, 
plaintiff  or  defendant,  written  after  name  of  the 
first  party.) 

Ex  contractu  (Lat.)  —  By  a  contract. 

Ex  delicto  (Lat.)  —  By  a  crime. 

Executor  de  son  tort  (Fr.)  — One  who  acts  (as  ex- 
ecutor) illegally  under  a  will. 

Ex  officio  (Lat.)  —  By  virtue  of  the  office. 

Ex  parte  (Lat.)  —  Without  opposition. 

Ex  post  facto  (Lat.) — By  a  subse'-ucnt  act. 

F. 

Falsus  in  uno,  falsus  in  omnibus  (Lat.)  —  False  in  one 
respect,  false  in  all. 


2i6  Practical  Court  Reporting. 

Feme  covert  (Fr.)  —  A  married  woman. 

Feme  sole  (Fr.)  — -  A  single  woman. 

Ferae  naturae  (Lat.)  —  Wild  by  nature. 

Fieri  facias  (Lat.)  —  That  you  can  cause  to  be  done. 

(A  writ  of  execution.) 
Filius  nullius  (Lat.)  ^  No  person's  son. 
Flotsam  (Lat.)  — Goods  floating  on  the  sea. 


Gift  inter  vivos  (Lat.)  —  Gifts  between  living  persons. 

Gist  of  action  —  From  Fr.  "  gist."  The  very  point 
in  question. 

Guardian  ad  litem  (Lat.j  —  A  guardian  for  the  pur- 
poses of  an  action. 

H. 
Habeas  Corpus  (Lat.)  ^Tnat  you  have  the  body.  A 
writ  used  to  produce  a  prisoner  to  inquire  into 
the  cause  of  his  detention. 

L 

Ignorantia  juris  non  excusat  (Lat. j  —  Ignorance  of 

the  law  excuses  no  person. 
In  esse  (Lat.)  — In  being;  in  existence. 
In  extenso  (Lat.)  —  At  large  ;  to  the  extent. 
In    extremis    (Lat.)  —  In    the    last    moments;     near 

death. 
In  flagranti  delicto    (Lat.)  —  In    the  commission  of 

crime. 
In  forma  pauperis  (Lat.)  —  Suing  as  a  pauper. 
In  futuro  (Lat.)  —  In  the  future. 
Innuendo  (Lat.)  —  An  oblique  hint  —  an  intimation. 
In  pari  delicto  (Lat.)  —  In  a  like  crime. 


Words,  Defniitions  and  Forms.  217 

In  personam  (Lat.)  —  Relatin<j  to  the  person. 

In  rem  (Lat.j  —  Rclatin^j  to  the  thing. 

In  statu  quo  (Lat.) —  In  the  former  state  or  condition. 

Inter  vivos  (Lat.)  —  Among  or  between  living  per- 
sons. 

In  transitu  (Lat.) —  Usually  applied  to  merchandise 
during  transportation. 

Ipso  facto  (Lat.)  —  By  the  fact,  or  deed,  itself. 

Ipso  jure  (Lat.) —  By  the  law  itself. 

J. 

Jetsam  (Lat.)  —  Goods  thrown  into  the  sea. 

L. 

Laches  (Lat.)  —  Neglect. 

Le.x  (Lat.)  —  The  law. 

Le.x  domicilii  (Lat.)  —  The  law  of  the  domicile. 

Lex  fori  (Lat.)  —  The  law  of  the  court. 

Le.x  loci  (Lat.)  —  The  law  of  the  place. 

Lex   loci    contracti    (Lat.) — The    law  of   the   place 

where  the  contract  was  made. 
Lex  scripta  (Lat.)  —  The  written  or  statute  law. 
Lex  non  scripta  (Lat.)  —  The  unwritten,  or  common 

law  :  law  received  by  tradition. 
Locus    delicti   (Lat.)  —  Place  where   the  crime  was 

committed. 
Locus  in  quo  (Lat.)  —  The  place  in  question.    (Used 

frequently.) 

M. 

Mala  f^de  (Lat.)  —  Bad  faith. 
Malfeasance  (Lat.)  —  Wrong-doing. 
Maximum  (Lat. )  —  Greater. 


21 8  Practical  Court  Reporting. 

Merger  (Lat.)  —  Where  a  greater  and  less  right  meet 

in  one  person,  the  latter  merges  and  sinks   into 

the  former. 
Mesne  (Lat.)  —  Middle,  intervening.     Mesne  process 

—  intervening  process  ;    mesne  profits  —  middle 

profits. 
Minimum  (Lat.)  —  Lesser. 
Moot  (Lat.)  — Doubtful. 
Multum  in  parvo  (Lat.)  —  Much  in  little. 

N. 

Ne  exeat  (Lat.)  —  That  he  depart  not.  The  writ 
of  ne  exeat  (now  abolished  in  N.  Y.  State)  pro- 
hibited a  person  leaving  the  State. 

Nolle  prosequi  (Lat.)  —  Unwilling  to  proceed.  In 
criminal  proceedings  refers  to  discontinuing  or 
quashing  an  indictment. 

Non  compos  mentis  (Lat.)  — Of  unsound  mind. 

Non  constat  (Lat.)  —  It  does  not  appear. 

Non  est  (Lat.) — -It  is  not. 

Nonfeasance  —  Non-performance. 

Nudum  pactum  (Lat.)  —  A  bare,  or  naked  contract. 

Nulla  bona  (Lat.)  —  No  goods.  The  return  of  a 
sheriff  upon  an  unsatisfied  execution. 

Nunc  pro  tunc  (Lat.)  —  Now  for  the  time.  Used 
frequently  where  an  act  is  permitted  to  be  done 
which  should  have  been  performed  before,  i.  e  : 
the  making  of  an  order  nunc  pro  tunc. 

O. 

Obiter  (Lat.)  —  Loosely;  without  authority. 
Obiter  dicta  (Lat.)  — ■  See  Dicta.     Words  spoken  or 
written  without  authority. 


Words,  Definitions  and  Forms.  2 1 9 

Onus  (Lat.)  —  Burden. 

Onus  proband!  (  Lat.)  —  Burden  of  proof. 

Ouster  (Lat.)  —  Dispossession. 

Oral  —  Verbal. 

Overt  (Lat.)  —  Open  ;  public. 

P. 

Parol  (Lat.)  —  Verbally. 

Pedis  possessio  (Lat.)  —  Possession  by  the  feet  5 
actual  possession. 

Pendente  lite  (Lat.)  —  During  the  continuance  of 
the  action. 

Per  autre  vie  (Fr.)  —  For  the  life  of  another. 

Per  capita  (Lat.)  —  By  the  heads  ;  share  and  share 
alike. 

Per  curiam  (Lat.)  —  By  the  court. 

Per  diem  (Lat.)  —  By  th^  day. 

Per  verba  dc  future  (Lat.) — ^  Words  of  future  accep- 
tation. 

Per  verba  de  presenti  (Lat.)  —  Words  of  the  present 
time. 

Prima  facie  (Lat.)  —  The  first  blush,  first  view,  or 
first  appearance  of  a  matter. 

Pro  rata  (Lat.)  —  At  the  rate. 

Q. 

Quantum  meruit  (Lat.)  —  As  much  as  deserved. 
Ouare  clausum  frci^it  (Lat.)  —  Why  did  he  break  the 
close.     Name  of  a  form  of  action  for  trespass. 

R. 

Rei  judicatae  (Lat.)  —  Of  the  matter  adjudged.  (Sel- 
dom used.) 


2  20  Practical  Court  Reporting. 

Res  adjudicata  (Lat.)  —  Of    the    matter    adjudged. 

(Used  a  great  deal.) 
Res  gestae  (Lat.)  —  The    subject-matter.     (Used   a 

great  deal.) 
Res  inter  alios  (Lat.)  —  Things  between  others. 
Respondeat  superior  (Lat.)  —  Let   the  principal  be 

answerable. 


Scienter  (Lat.)  —  Knowingly  ;  willfully.  (Very  often 
used  in  cases  arising  from  injuries  by  vicious 
animals,  in  which  "  the  scienter,"  i.  e. :  knowledge 
of  such  viciousness  by  the  owner,  is  an  import- 
ant question.) 

Scintilla  of  evidence  —  Not  a  spark  of  evidence. 

Sine  die  (Lat.)  —  Without  day.  (Court  adjourns  .jzW 
die  ;  that  is,  without  fixing  a  time  for  convening 
again.) 

Stare  decisis  (Lat.)  — To  rest  on  decided  cases. 

Status  (Lat.) —  The  state  or  condition  of  a  matter. 

Sui  generis  (Lat.)  — ■  Of  its  own  kind. 

Sui  juris  (Lat.)  — Of  his  own  right. 

T. 

Tenendum   (Lat.)  —  To  hold.     (Clause    of    a    deed 

relating  to  the  tenure  of  the  land.) 
Tort  (Fr.)  — A  wrong;  an  injury. 
Tort-feasor  (Fr.)  —  A  wrong-doer. 

U. 

Usufruct  (Lat.)  —  The  use  and  enjoyment  of  an 
estate  or  thing. 


IVorJs,  Definitions  and  Forms. 


22  I 


V. 

Venire  (Lat.)  —  To  come.  (In  practice  refers  to  a 
writ  to  summon  jurors.) 

Venue  (Lat.)  —  The  place  of  trial. 

Versus  (Lat.)  —  Against.  (Used  in  this,  or  its  abbre- 
viated form  "vs."  in  the  title  of  a  case  between 
names  of  plaintiff  and  defendant.) 

Vi  et  armis  (Lat.)  — By  force  and  arms. 

Vinculo  matrimonii  (Lat.)  —  In  the  bond  of  wedlock. 

Voucher —  In  practice,  a  receipt. 

FORMS. 
Some  forms  have  been  given  in  preceding  chap- 
ters, to  which  reference  may  readily  be  made.  Those 
which  follow  have  been  used  many  years  and  have 
proven  satisfactory.  In  studying  them,  the  synop- 
tical transcript,  with  its  divisional  and  subdivisional 
numerals,  letters  and  figures,  upon  page  172  it  scq. 
should  be  used,  as  the  latter  correspond  to  the  numer- 
als, letters  and  figures  accompanying  the  following 
forms  for  transcripts  and  stenographic  law  reporting  : 


(I-) 


(III.) 


(IV.) 


3 

4 

5 
6 

7 
8 

9 

10 

1 1 


SUPREME  (or  oilier)  COURT.    (II.)  FoltoB  Couoly. 

James  Johnson 

versus 
John  Jackson. 

This  cause  came  on  for  trial,  at  a  term 
of  this  court  held  in  and  for  the  Count)- 
of  Fulton,  at  the  court-house,  in  the 
village  of  Johnstown,  N.Y.,  on  the  19th 
day  of  October,  1S91,  before  Justice 
Putnam  and  a  jury.  (If  a  jury  was 
waived,  substitute  "  v.ithout  a  jury.") 


222 


Practical  Court  Reportifig. 


(V.) 

(VI.) 
'VII.) 


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13 

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(a)  22 

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32 


(c) 


Johnstown,  N.  Y. 
(Trial  commenced,  October  25th,  1891,  at  9:45  A.  m.) 
(Action  upon  a  promissory  note.) 

Appearances  : 

Job  Integrity  for  plaintiff. 
John  Deadhead  for  defendant. 

John  Dullhead,  a  juror,  having  been 
duly  sworn  as  to  his  qualifications, 
upon  being  examined  by  ^Ir.  Integ- 
rity, testified  as  follows : 
(Then  follow  with  the  testimony  of 
the  juror  by  question  and  answer.) 

A  jury  having  been  duly  empanelled 
(if  a  criminal  case  add  "  and  sworn  in 
the  case  ")  and  the  case  opened  to  the 
jury  on  behalf  of  the  plaintiff  by  Mr. 
Integrity,  the  following  proceedings 
were  had,  and  the  following  testimony 
introduced  : 

IX. 

John  Jenkins,  sworn  for  the  plaintiff, 
on  being  examined  by  (b)  Mr.  Integ- 
rity, testified  as  follows : 

Q.  What  is  your  business? 

A.   Farmer. 

Q.  Where  do  you  live  ? 

A.  Johnstown. 

Q.   How  long  have  you  lived  there? 

A.   Four  years. 

Q.  Do  you  know  the  parties? 

A.  Yes  sir. 


Words,  Definitions  aiui  Forms. 


223 


(d)     I 


(e) 


(f) 


4 

5 
6 


7 
8 

9 
10 

(g)  II 
12 

13 

14 

15 
16 

17 
18 

19 
20 

21 

22 
23 
24 

25 
26 

27 

28 

29 
30 

31 
32 


Cross- Examination  by  Mr.  Deadhead. 
(T'rocccd  as  before.) 

Re-Direct-Exaniination  by  Mr.  Integrity. 
(Proceed  as  before.) 

Re-Cross- Examination  by  Mr.  Deadhead. 

(Proceed  as  before.) 
(To  show  the  objections  the  following 

is  introduced.) 
Q.    I    believe    the    deceased    told    you 
that    he   had  paid    the   claim   in 
question? 
(h)  Obj.  (or  "  objected  ")  to  as  im- 
proper and  incompetent  under  §  829 
of  the  Code,  in  that  it  calls  for  a  per- 
sonal transaction  or  communication 
between  the  witness,  who  is  an  inter- 
ested party,  and  a  deceased  person  ; 
also  that  it  is  improper  and  incompe- 
tent as  calling  for  a  conclusion  ;  also 
that  it  is  leading. 

(i)  Plaintiff  (or  defendant)  offered 
to  show  by  the  witness  that,  at  the 
time  referred  to  by  the  witness,  the 
deceased  admitted  that  he  had  never 
paid  the  claim. 

(h)  Obj.  to  on  the  same  grounds 
urged  to  the  question. 

(j)  Obj.  sustained,  the  Court  re- 
marking:  "  1  am  of  opinion  that  this 
testimony  is  incompetent  under  sec- 


224 


Practical  Court  Reporting. 


1  tion  829  of  the  Code.     This  witness, 

2  it  appears,  is  interested  in  the  result 

3  of  this  case.     He  is  asked  to  state  a 

4  conversation  had  with  a  deceased  per- 

5  son,  under  whom  the  plaintiff  (or  de- 

6  fendant)  claims.     I  sustain  the  objec- 

7  tion  and  exclude  the  evidence  upon 

8  that  ground." 

9  (k)  Plaintiff  (or  defendant)  excepted. 
10  (1)  (Adjourned  to  Oct.  26th,  1891,  at  9  A.  m.) 
I  I 

12  October  26th,  1891,  9  A.  M, 

13  im)  Plaintiff  rested. 

14  (n)    Defendant  moved  that  the  plain- 

15  tiff    be    nonsuited    (or  that   the    court 

16  direct  a  verdict  for  the  defendant)  upon 

17  the  following  grounds,  viz. : 

18  I.  That    the  plaintiff    has  failed    to 

19  prove  a  cause    of   action    against    the 

20  defendant. 

21  2.  That    the    undisputed    evidence 

22  shows,  that   the  note  in  suit  was  paid 

23  and    fully  discharged    before  the  com- 

24  mencement   of   this  action.     (And   so 

25  on  with  the  subdivisional  numbers  and 

26  grounds.) 

27  Motion  denied,  plaintiff  excepting. 

28  (Then    follows    statement    that   Mr. 

29  Deadhead  opened  the  case  to  the  jury 

30  on  behalf  of  the  defendant.) 

31  (o)  (The  forms    for   testimony    and 

32  proceedings  on  the  part  of  the  defend- 


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Words,  Dijinitions  and  Forms.  225 

ant  are  the  same  as  on  the  part  of  the 
plaintiff.) 

(p)  Defendant  rested. 

(q)  (The  testimony  contradicting  or 
explaining  defendant's  testimony.) 

(r)  (The  testimony  contradicting  or 
explaining  last   testimony  of  plaintiff.) 

(s)  Testimony  closed. 

(t)  Defendant  renewed  his  motion  for 
a  nonsuit  (or  requested  the  Court  to*di- 
rect  a  verdict)  upon  the  same  grounds 
stated  in  the  motion  made  at  the  close 
of  the  plaintiff's  aflfirmative  case.  Also 
upon  the  further  ground  that  it  now  ap- 
pears, by  the  undisputed  testimony  on 
the  part  of  the  defendant,  that  the  note 
in  suit  was  barred  by  the  Statute  of  Lim- 
itations at  the  time  of  the  commence- 
ment of  this  action,  in  that  no  pay- 
ments of  principal  or  interest  had  been 
made  thereon  within  six  years  immedi- 
ately preceding  the  commencement  of 
this  action. 

(j)  (Ruling,  remarks  of  the  Court, 
and  (k)  exception.) 

(u)  The  Court    gave    the   following 
charge  to  the  jury  : 
Gentlemen  of  the  Jury: — 

This  is  an  action  brought  by  the  plain- 
tiff, James  Johnson,  against  the  defend- 
ant, John  Jackson,  upon  a  promissory 
note  which  has  been  produced  upon  this 


226 


Practical  Coiwt  Reporting. 


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trial  and  which  I  will  read  to  you  :  $700, 
Johnstown,  N.  Y,,  December  ist,  1880. 
One  year  after  date  for  value  received, 
I  promise  to  pay  to  the  order  of  James 
Johnson,  Seven  Hundred  Dollars,  at  the 
State  Sandbank,  with  interest,  John 
Jackson.  Now,  gentlemen,  that,  upon 
its  face,  is  a  valid  note.  In  fact,  the 
defendant  does  not  claim  that  at  its 
inception  —  that  is,  at  the  time  it  was 
executed  and  delivered  to  the  plaintiff — 
it  was  not  a  good  note.  But,  he  comes 
into  court  and  says  that,  while  the  note, 
at  the  time  of  delivery,  was  a  perfect 
one,  given  for  value  received  —  a  valid 
note  —  yet,  on  account  of  what  has  tran- 
spired since  —  or  to  be  more  exact,  on 
account  of  the  omission  of  the  parties, 
the  plaintiff  to  enforce  payment,  and 
the  defendant  to  make  payment,  either 
of  principal  or  interest  upon  the  note 
for  a  period  of  six  years  previous  to 
instituting  this  suit,  the  plaintiff  cannot 
recover.  In  other  words,  gentlemen, 
in  the  language  of  the  law,  he  claims 
that  the  note  is  barred  by  the  Statute 
of  Limitations.  That  claim  is  always 
the  subject  of  defense.  It  is  sufficient 
for  the  plaintiff  to  make  out  a  prima 
facie  case ;  that  is  to  show  the  execu- 
tion and  delivery  of  the  note.  While 
it    remains    in    the    possession    of    the 


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IVonis,  Di:Ji  nit  ions  and  Forms.  227 

payee,  or  in  possession  of  a  person  to 
whom  it  has  been  legally  transferred, 
there  is  a  presumption  of  its  validity, 
so  far  as  the  Statute  of  Limitations  is 
concerned.  Hence,  if  the  defendant 
desires  to  benefit  by  that  statute,  he 
must  allege  the  necessary  facts  in  his 
answer,  and  prove  them  upon  the  trial, 
before  the  plaintiff  can  be  called  upon 
to  answer,  contradict  or  explain  it.  In 
other  words,  gentlemen,  the  defense 
which  the  defendant  in  this  case  has 
set  up  is  an  affirmative  one,  and  the 
burden  of  proof  is  upon  him  to  estab- 
lish it.  It  is  a  defense  that  a  party 
has  a  right  to  set  up  and  prove  ;  and 
it  is  your  duty  to  give  it  the  same  con- 
sideration as  any  other  legal  defense. 

Now,  gentlemen,  what  is  the  evidence 
in  this  case  ?  (It  is  customary  for  the 
Court  to  referto  the  evidence  suflficiently 
to  show  the  application  of  the  principles 
of  law  given  to  the  jury,  for  their  gov- 
ernment in  deciding  the  case),  etc.,  etc. 

(v)  The  plaintiff  took  the  following 
exceptions  to  the  charge  and  requested 
the  Court  to  charge  as  follows: 

I.  E.xcepted  to  that  part  of  the 
charge  wherein  the  Court  stated  in  sub- 
stance and  effect,  that,  if  the  jury  be- 
lieved the  testimony  of  the  witness,  Im- 
morality, it  follows,  as  a  necessary  infer- 


228 


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28 

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30 
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32 


ence  that  the  note  is  outlawed ;  and 
asked  the  Court  to  charge  the  jury  in 
that  respect,  that  they  must  take  into 
consideration  all  the  evidence  in  the 
case  ;  that  the  burden  of  proof  is  upon 
the  defendant  and  he  must  establish  his 
defense  by  a  preponderance  of  evidence. 
Also  that  the  jury  have  a  right,  and  it 
is  their  duty,  to  consider  the  immoral 
character  of  the  witness  Immorality, 
and  that  they  have  a  right  to  entirely 
discredit  his  testimony,  if  they  believe 
he  has  testified  falsely. 

The  Court:  Gentlemen  :  that  is  so. 
I  intended  to  charge  that ;  but  perhaps 
did  not  elaborate  it  as  much  as  the  re- 
quest. You  will  consider  all  the  testi- 
mony in  the  case ;  and  if  you  believe 
that  any  witness  has  sworn  falsely,  you 
are  not  obliged  to  believe  him,  and  you 
should  not.  The  defendant  must  prove 
his  defense  by  a  preponderance  of  evi- 
dence. 

Defendant  excepted  to  the  whole  of 

the  last  charge. 

II.  Plaintiff  excepted  to  that  part  of 
the  charge  wherein  the  Court  stated,  in 
substance  and  effect,  that  jurors  should 
look  carefully  into  cases  because,  as  your 
Honor  stated,  you  believe  that  perjury 
is  on  the  increase  ;  and  requested  the 
Court  to  charge  that   as   much  credit 


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Words,  Definitions  and  Forms.  229 

should  be  given  to  the  plaintiff 's  as  the 
defendant's  witnesses. 

The  Court:  I  refuse  to  charge 
otherwise  than    I    have. 

Plaintiff  and  Defendant  both  ex- 
cepted to  the  refusal  to  charge  as 
requested  and  to  the  charge  as  made. 

(The  same  forms,  etc.,  apply  to  ex- 
ceptions and  requests  by  defendant's 
counsel.) 

(w)  (i)  The  jury  retired  in  charge  of 
an  officer,  the  following  (2)  papers 
being  submitted  to,  and  taken  by,  them 
to  their  room  by  consent  of  the  respec- 
tive parties:  note  in  suit ;  chattel  mort- 
gage, plaintiff  Exs.  A.  and  C.  etc.,  etc. 

(3)  The  jury  were  brought  into  court 
whereupon  the  following  proceedings 
occurred : 

The  Court  :  Gentlemen  :  I  received  a 
communication  from  you  in  which  you 
informed  me  that  you  did  not  under- 
stand my  instructions  to  you  in  respect 
to  the  Statute  of  Limitations.  All  I  can 
say  to  you  regarding  that  is  (continue 
with  the  further  charge  of  the  Court). 

(If  the  plaintiff  or  defendant  except 
to  the  additional  charge  of  the  Court, 
or  make  additional  requests  to  charge, 
they  should  be  taken.) 

The  jury  again  retired  for  further 
deliberation. 


230 


Practical  Court  Reporting. 


1  11        (4)  The  jury  rendered  a  verdict  for 

2  the  plaintiff  for  $841.     (^If  the  jury  is 

3  polled  add   "  The  jury  were  duly  polled 

4  by  the  clerk." 

5  (5)  Motion    for   extra  allowance    of 

6  costs  granted  —  5^  upon  verdict. 

7  (6)   Defendant   moved   to    set    aside 

8  the  verdict  and  for  a  new  trial  upon  all 

9  the  grounds  specified   in   the  Code  of 

10  Civil  Procedure  (or  whatever  grounds 

1 1  are  stated). 

12  (7)  The  Court  entertained  the  mo- 

13  tion,  and  denied  the  same.     Defendant 

14  excepted. 

15  (8)  Stay  of  60  days  after  notice  of 

16  entry  of  judgment. 


ll'orJs,  Dcjinitioiis  and  Forms.  231 

The  index  may  be  in  the  following  form  after  the 
title  of  the  court,  and  names  of  parties  as  shown  in 
above  form.  (See  I,  II  and  III.)  '  The  abbreviations 
"  Dr.,"  "  Cr.,"  "  R.  D.,"  "  R.  C,"  in  the  following  form 
indicate  the  respective  examinations. 

INDEX. 
Dr.  Cr.        R.  D.       R.  C. 

John  Doe i  5  12  22 

John  Frost 27  31 

David  Dora 34 

Plaintiff  Rested.     38 
(Continue  with  defendant's  witnesses  in  same  form.) 
Defendant  Rested,    121 
Testimony  Closed,  121 
Charge  of  Court,  123 

Reported  by 

John    Fastwriter,  Sten., 

Shorthandville,  N.  Y. 


"  One  launched  a  ship,  but  she  was  wrecked  at  sea  ; 
"  lie  built  a  bridge,  but  floods  have  borne  it  down  ; 
"  He  meant  much  good,  none  came  :  strange  destiny, 
"  His  corn  lies  sunk,  his  bridge  bears  none  to  town, 
"  Yet  good  he  had  not  meant  became  his  crown  ; 
"  For  once  at  work,  when  even  as  nature,  free 
"  From  thought  of  good  he  was,  or  of  renown 
"  God  took  the  work  for  good  and  let  good  be." 

—  Jean  Ingelow, 


INDEX 


TO 


THOKNE'S  PRACTICAL  COURT  REPORTING. 


Page. 
Action  (defined) 148 

AnVICK  AND  Scr.GESTIONS  RESPECTING: 

Arsiiment.s 117.  118 

CiindUlate  for  court  reporter. ..26.  27.    2S 

Charges l"li,  177 

Coiitldence 4fi,  1.V2 

Kxanilnatlon  of  Jurors 47 

Fear 46 

Industry 177 

Interruption  of  proceedings 8fi.    87 

Keep  cool 154,  l.W 

Labor  of  writing 65.    66 

LunitierInK  the  record 63.    6) 

Narrative  form 62 

Oily-toiiRued  attorneys 175,  176 

Rapid  \vitne.sses 63,    64 

Stenographer's  habits 1.52 

opinion 85,    86 

"Throwing  ink   bottle"..  .25,  26,  68,    86 

99,  102 

Adjournments 107.  108,  131.  1.32 

Affirmative  (claiming) 52.  5."! 

Amanuenses 167, 168,  169,  170,  171 

Answer 54 

Answers  : 

DilHculty  of  taking   85 

Illustrating  by  oblects 86 

"  bv     photographs     and 

maps UK),  1(11 

Appearance  (defined) 148 

Arocmf.nts: 

Digesting 110 

Motions,  ex  parte  and  contested. ..34,    Vi 

at  close  of  plaintlfTs case...  100 

110 

Stenographer  should  follow 117.  US 

Who  has  riosing 115 

Attorney  OK  Record M7,  143 

Awakened  Court  Crier 131.  132 

Bar  (dellned) 148 

Dear  Dance 88 

Bench  (defined) 148 


Bills  of  Particulars. 


Page. 

55 


Calendar: 

Calling 3.5,    41 

Marking 3i 

"Carrying"  Matter 25,63,  123 

Case  (defined) 148 

Cause  (defined) 148 

Charge: 

Defined,  explained,  etc 119-126 

Exceptions  to,  and  requests  to,,..  124-126 
Of  the  "Lightning  Judge" 122,  123 

Clerk  (defined) 148 

Common  Law  Practice  55 

Context 25,  64,  83,  165, 166,  169 

Contested  Will  Cases  : 

Citation 142,  143 

Cross-examination  in 144 

Definition  of  parties  to 143 

Executor 142 

In  general 142-146 

Issues  in 143 

Oblectlons  to  will 143 

Petition  for  probate 142 

Proceedings  in 142,  146 

Transcripts  in 144 

Complaint .54 

Costs  (extra  allowance) 130,  131 

Cross-Examination  : 

How  indicated 90,  153 

In  contested  will  cases 141 

Nature  and  object 88,    89 

Of  party's  own  witness 89 

yuestlo'iis  for  contradiction 90,    91 

Repudiated  answers  upon 93,    94 

Scope 88 

Counsel  : 

Defined 14R 

How  seated  at  trial 41 

Summing  up 115 

Courts: 

Circuit 12,    13 

Clftssitlcation 12. 13,  14,  15,  133 


234 


Index. 


Page. 

Courts  —  Continued : 

Common  Pleas 133,  HI 

County 133,  134 

Court  of  Appeals 13 

Dav  in 29-37.  38-55,  ;*-95,  96-132 

General  Terms 12.13.14,    15 

Jurisdiction  12,  l.i,  14,133,  134 

Not  of  record U 

Of  record 11,  133 

•■    probate 133,  1.34 

"   sessions  13.3,  134 

Special  terms I2,  13.  14,    15 

Stenograptiy.  use  ill 9,1",    11 

Stenographer  for  county 135 

Supreme 12, 13,  14,    15 

Surrogates' 1.33,  141 

United  States 149 

Day  im  Court 29-37,  38-55,  56-95.  96-132 

Decisions  Respecting  Stenographers: 

Legal  status  of  stenographer 201 

May  require  pre-pavnieiit  of  fees..2n2.  203 

Minutes  of,  who  entitled  to 201.  202 

Slust  make  actual  count  of  folios..202,  203 
Order     necessary    for    certain 

transcripts 204,  203 

Who  liable  for  fees 201,  202 

Depositions 101-103 

DfFlNITIONS.  ETC 147-148.  212-221 

Dictation  or  Notes: 

Dangers  of W7.  IfiS 

In  general 167,168.  169 

DlKECT-ESAMINATIOX  : 

Before  grand  lury 138 

Detined.  object,  scope,  etc. .  etc. ..59.    60 

89.  90.  102 

Distinctions 99,  120,  158 

Evidence:  ,^„  ,,, 

Different  from  testimony 120,  \i\ 

Papers  and  objects  offered  in 96-99 

Preponderance  of 121 

Exceptions  : 

Diver.sitv  of  language  of. 80 

Generally 32,  78,  79,  80 

History  of ■.■■•  ^° 

Necessity  of  taking '9,  80 

Stipulations  respecting 81 

To  charge  of  Court 124-126 

"   denial  of  motion 130 

fxr  BITS  * 
Defined  and  explained..7.5,  96-101, 103-105 
Submitted  to  Jury 1'28 

FXPEDIENTS  : 

Temporary   Mem.    sheet.. .43,  44,  49,    .W 

"  Tricks  of  the  trade  " 63,  64,    66 

Various 91,  92,    93 

Forms  Respecting: 

Adjournments 107,  224 

Answers,  illustrated 86 

repudiated 93,  94 

Appearances 222 

Challenged  jurors • 44 

Charge  of  Court  to  Jury...225, 226,  227,  228 

Cross-examination 90,  223 

Direct-examination ■•••••  222 

Defendant  rests 111.  226 

Depositions '03 


Page. 
Forms  Respecting  —  Continued  ; 

Examination  of  challenged  jurors 47 

Exceptions 81,  125,  126,224,  230 

Exceotions  to  charge 227.  228.  229 

Exhibits,  etc.,  marking 96,    97 

Date  of  trial  '222 

Gestures 08.  69,  70,    86 

Grandjury 1.3,8.  139.  140 

Holdings  bv  Court 76.77.  114,  115 

Index  for  transcripts 174.  230.  231 

Inquests 39,  40.    41 

Jurors  222 

Jury 222,  229 

Motions 11",  111,224.22.5,  230 

Narrative  form 6(j,    61 

Numbering  note-book  or  sheets 51 

Objections : 

digesting 73 

exhibits 97 

generallv 71.  72.73,74.  223 

rulings  upon 76,  78.  223.  224 

waived f5 

OflTers  to  prove  or  show 75,  78.  223 

Place  of  trial -.222 

Plaintiff  rests _ 109.  224 

Opening  case 172,  224 

Prelimiuary  entries 221 

Questions; 

by  the  Court 66 

'■    challenged  Jurors 48,    49 

"    Jurors 67 

repeated 65 

Re-cross-examination 222 

Re-direct-examination 222 

Remarks  of  Court 77 

Requests,  etc.,  to  charge 12.5,  228.  229 

The  trial.  ...39,  40,  41,  42,  44.  47.  48,  50,    51 

60.  61 ,  65.  66,  68.  69.  70,  71 ,     72 

73.  74,  75,  77,  78,  ii>,  90,  96,    97 

103,  1(» 

Testimony 222 

Testimony  closed 225 

Title  of  case 221 

Transcripts 172.  173,  221-231 

Verdict 230 

Witness 222 

Frequent  Words  : 
Alphabetical  list  of 206-212 

French  Law  Terms.. 212-221 

Glossart  of  L.aw  Tf,rm= 212-221 

Grand  Jury  : 

Calling  and  charging 33 

Direct-examination  before 138 

Finding  indictment 137.1.38 

Organization,  powers,  etc 137-141 

Presenting  indictment 33.  34 

Stenographer  to 137.  140 

Holdings  by  thf.  Court  : 

At  close  of  testimony 114,  115 

Defined  and  explained 76-(/ 

Impeaching  Witnesses 62 

Indented     Form    (defined    and    ex- 
plained)  91,92.112,  154 

Indictment  : 

Defined 141 

Reading  to  defendant 136 

Who  may  be  present  when  found. 137.  138 

Inquest 38,    39 


Index. 


235 


Page. 
Interpreter  (defined) M 

I«SUES  : 

Collateral 62,  W.  >.il 

Main 119 

Notes  of \:\  H 

Judgment  by  Default 36 

.UmoKs : 

Kxcuses  of .il 

Surrogates' an<l  probate  courts.. Ml,  \Vl 

JUBT  • 

CallinK II 

Challenciiig 12-46 

riiarRe  to  llH-126 

Coiiiiidsltion  of 42 

Kxaniination  of 47-50 

Grand .'5.1,34,  137-141 

Petit .'U 

Polling 120 

Reading  testimony  to 128 

Retiring  to  deliberate 120,  128,  129 

.IiRY-RoOM ; 120-128 

Ladies  (in  court) 25 

Law  Suit  <  defined) 148 

Lingual  UvMNASTics 71 

Li.st: 

Of  natural  liuv  phrases 159.  100 

Of  frequent-occurring  words 206-212 

Of  Latin,  French  ami  ntlvr    legal 
terms 212-221 

"  Lumbering"  the  Record «S.  0(,    84 

Mixture,  a 133-148 

Motions  : 

Argnmentof. 34,. '55,  109.  110 

At  close  of  testltnonv 114 

Contested 34 

Detined 31,  35 

Ex  parte 34,  3.'5 

Forms  respecting  110,  ill 

Fordismlssal  of  action 51,  f>2 

"  "        of  complaint 109 

"    new  trial 129,  130 

"   nonsuit 109 

Respecting  indictments Ill 

To  direct  verdict 109 

"   set  aside  verdict 129,  1.30 

Names  : 

Inilexing .^8 

Of  witnesses 41,  .W,  59.  91,  153 

Narrative  Form: 

Deflned,  use  of.  Instances,  etc 60-63 

89,  9t,  112,  140 

Natural  Phrases 1.59,  160 

Nonsi-.nsr: 

A  facetious  attorney 1,'W) 

Block  .histices 134,  1.35 

Constable,  the  sleeping 113 

Counselor  Tnu'inntton's  speech.. 1 16-1 17 

Delirium   Tnmi  tm JO,  17 

Fleas  and  ctiainrli'niis 170 

Ghostly  dance  of  Verbal  Cannibal.  122 

123 

Lassoed  lawyer,  the 71 

Old  soldier 127,  128 

Phonographic  facetla? 1.50 


Page. 
Nonsense  —  Continued  : 

Rheumatic  lustice,  the 71,  72 

Witness,  the  rural 84.  85 

till?  vindictive 85 

the  uncertain 68,    69 

Note  Books  versus  Loose  Sheets.. .164.  168 

Notes  : 

Dictation  of 107,  168,  169 

Not  shaded 103 

Of  issue 13,    U 

Pen  or  pencil '! 101 

Punctuation  of 16o,   161 

Si/r.  and  how  written 1.55.  156 

'I'l-jn-cription  of 10,5-177 

Vocalization  of 1.55 

Numkhals  (considered) 1.57 

OllJECTIONS  : 

All  the  is 71.     72 

DIgesiing 20.    21 

Regular  and  Irregular 70-76 

Repeated 74 

'I'o  exhibits 75 

"    depositions 102 

Offers  to  Prove  or  Show.  ...74,  75,  77,    78 

Opening  Cask  : 

liv  defemliiiit Ill 

"    plaintitt. 52 

Motions  upon 52 

Paper: 
In  general 102,  164,  171,  199,  200 

Parenthetical  Statements.  .51.  68,  69,  70 
8.5,  86,  87,  103,   104 

Pen  or  Pencil  Notes  ? 
In  general 161,  162 

Photographs  and  Maps  : 
As  exhibits 99,  100 

Phrasing: 

In  general 157 

Natural 157.  158 

Rule  for I'* 

Plaintiff  Re.sts 108,  1U9 

Pleadings 52-55 

Preponderance  or  Evidence 121 

Prisoners  : 
Arraignment  of. 30,37,  135,  136 

Public,  the  Dear S2, 113,  169 

Punctuation  : 

In  general 100,  161 

Of  entries  respecting  motions Ill 

Of  iiotes,  cannot  be  omitted ;6(J 

Questions  : 
By  Jurors,  counsel.  Court,  and  ob- 
jections t" 66,67,    68 

Qualifications  of  Stenographer. „. 18-28 

Reading  Exhibits 97 

Reading  and  Transcribing  Notes.149-177 

Reading  Notes  : 

CoiUldence 152 

For  six  davs 151,    1.52 

Oinerally 82,83.  118,  149.  150 

llowtoread 15.5 

In  patent  cases 149 


236 


Index. 


Page. 
Reading  Notes  — Continiieil : 

Of  entire  case 15(),  J51 

'■    charge  of  Judne 120 

"    questions 82 

On  motions lOy 

"    rebuttal 112 

'■    summing  up 95 

Stenographer  as  wi.ness 150 

Rebuttal 112,  113 

Re-Cross- Examination y5 

Re-Birect-Examination  : 

Defined,  ob|ect  ami  scope '.il,    Ho 

Reference  Reporting  : 
(ienerally 15,  16, 17,  UO,  147 

Remarks  of  the  Court  : 

In  general 77 

Exceptions  to   80 

Reply 55 

Requests  to  Charge 121-122 

Ruled  or  Unruled  rAPEii? 166 

Rules  (general): 

Phrasing 158 

What  to  omit  taking 37,    99 

When  names  written  iu  longhand. . .    69 

Rulings  by  the  Court: 

At  close  of  testimony ill,  115 

Exceptions  to 80 

Generally 52 

Upon  motions  to  set  asine  verdict, 

and  for  new  trial 129,  130 

objections  76 

Requests  to  charge  Jury 125,  126 

See-Sa-sting 113 

Speech  of  Oounselob  Tuumutton.  116-117  | 

Stat  of  Proceedings 131 

Stenographer-Law 178-205 

Stf.nogkaphers  : 
(  Vidt  "  Art  vice  and  Suggestions  to  ") 

Always  writing 29 

Appointment,  etc 18-22,  178,  179 

"Arm  "  of  court 105 

"Blind" 22,  23,77,82,  120 

"Carrying  "  matter 25,  63,  123 

Compensation  of  certain 19i 

Competency 23,  21.  166 

County  Courts 191-193 

Court  "of  Appeals 178,  179 

Pecisions  of  courts  respecting  ....200-205 

Dictating  notes 167-171 

Knemy  of  (in  court) 25 

Exceptions,  taken  by 10 

Finding  testimonv 91,  112 

Fees  of,  who  liable  for 201-202 

Foe  of. 30-32 

(ininrt  Jury 1.37,  19,3-195 

"  Hold  mirror  up  to  nature  " 29 

Knowledge  of. 26.  27,     28 

Legal  status  of 201 

Mecca  of. 83 

Methods  of. 24 

Minutes  of,  who  entitled  to 202 

Need  not  be  lawyer 26 

Not  a  machine 87 

Obtaining  order  for  transcript. ...204,  205 
n.,  .V.,.:, ■'♦.,„='•  24,    88 


Page. 
Stenographers  —  Continued  : 

Qualifications  of 18-28 

Reading  notes— 1  viilt). 

Should  mark  exhibits 103 

"       follow  arguments 117-118 

"  Snags, "  in  notes  of 22,  82,    91 

Stage  fright 83 

Special  terms 190,  191 

Statutes  relating  to 178-200 

Supreme  Court 179-190 

Surrogates'  Courts 195-196 

"Throwing  ink  bottle"  by.. ..25,  26.    68 

86,  99,  102 
Transcripts  of— (I'lV/c). 

Veteran 25 

Waterloo  of. 24 

What  not  to  take— (ride). 

to  read 27,28.145,  146 

"  lake  (generally) 20,49,98 

Stenography: 
Its  use  in  court 9,10,  11 

Stipulations  : 

Defined 106,  107 

Respecting  exceptions 81 

charges 176,  177 

Suit  (defined) 148 

Summing  Up 115-117 

Supreme  Courts  (vide  Courts). 


On  their    taps 

Pare-  thetical  statements 

Pre-paynient  of  fees  of.... 


-(vide). 
202 


Talesmen 50 

Temporary  Memorandum  Sheet: 

Defined,  use  of  and  instances 43,    44 

49,  .59.91,  112,  153,  1.54 

Testimony  : 

Closed 113 

Diflerence  between  and  evidence.120,  121 

Exhibits 75,  96-101,  103-105 

Finding 91,  117,  153,  154 

Medical 144,  145 

Objections  to 70-76 

Of  foreign  witness 101 

Reading— (firfe  Reading  Notes). 

Transcribing  Notes: 

Different  from  copving 163 

(vide,    "Reading   and    transcribing 
notes"). 

Transcripts: 

Binding 171,172,  196.  197 

Comparison  with  notes 174 

Cost  of. 77 

Court  follows 80 

Cutting  down  fees  for 110,  112 

Daily  169,  170 

Duplication  of I'l 

Fees  for 169,  179,  ISO.  202 

How  treated .....197.  198 

Index  for 173,  174 

In  gener.nl 165-177 

Lien  of  stenographer  upon 175 

Number  of  folios  in 174,  175 

Order  to  make 204,  205 

"  Padding" 64 

Paper  for 171,  199,  200 

Pen-and-ink 167 

Six  big  pennies  for 169 

Synoptical  form  for 172,  173 

Typewritten 167 

Various  methods  of  making 167-169 

Who  entitled  to  po.ssession  of 202 


Index. 


237 


Pagp. 

Trial.  Tbe 3.S-132 

Answer ^< 

"Bear  dunce  " So 

Bills  of  purticulars 65 

OallliiK  liiry 41 

ChnllciiKiiiK  lurors 42-5() 

Clainiiii;;  altlnnallve M,    53 

Collalfiul  Issues 62,    i«) 

Conmion  law  practice 55 

Complaint 54 

(!ounsel,  how  seatcil 41 

Cross-examination H8-yl 

Exceptions  upon 52,  7fi-80 

Dates  from  llrsi  ilay  of  term 42 

Dlrect-exaniination..59,60,  88. 'jO.lO-i,  138 
Exhibits— (I'lWfi). 

KlnMiiiK  testimony 91,  112 

Forms  for  use  \ipon—(i'K/p  Forms). 

IIoldiiiKS  by  Court 76-77,  lU,  115 

^\\\■\^—(\'i(le). 

Impeaching  witness  upon 62 

IiiMUest 38,    39 

Motions— (uirfe). 

Names 159 

Nature  of 56.    o7 

Objections  upon  20.  21,  70-76 

Otters  to  prove  or  show 74-76 

Opening  the  case 52 

Perfect  recorii,  what  is 56,    hi 

PlaintltT  rests 108,  109 

PleailiiiKS .52,  .53,  54.     55 

Presiding  Judjje  does  not  direct  what 

to  take .32 

Reference  cases 15. 16,  17. 146,  147 

Uemarks  of  Court 77.    80 

Renlv .55 

Rulings 45.52,76,    MO 

Stenographic  notes,  form  of 39,    42 

Stipulations 81 

Temporary  Mom.  sheet— (vtrf«). 
"Throwing  ink  bottle"— (rirfe). 
"  Tricks  of  the  trade  "—(vide). 
What  not  to  lake— (»ide). 
Witness -(vi(/e). 
"Tricks  of  the  Trade" 63.  64,  66,  118 

TtPKWR  ITERS 167 

Ventilation: 
Defective  and  effect  of 30.  31,    32 

Verdict: 

Entry  of.  Iti  minutes 129 

Motion  to  set  aside 129.  130 

Proceedings  subsequent  to 129 

What  Not  to  Take: 

Arraignment  of  prisoners 36,  .37,  136 

Counsel  swearing  at  Court 1.3fi 

Every  word  uttered 56,    67 

Excuses  i)f  Jurors 34 

General  rule 37 


Page. 
What  Not  to  Take  —  Continued : 

Grand  Jury .^3.  139 

Immaterial  answers 60.    61 

.ludgment  by  default 36 

Motions,  tx  parte 34 

contested 34.    36 

Opening  Court 33 

of  ca>e 52 

Questions  waived 64.   65 

Respecting  exceptions 81 

Talk  bet  ween  counsel  and  wltness.83,   84 

What  to  Take: 

Adjournments 107 

At  I  lose  of  testimony 114 

liringing  jurv  into  court 128-129 

Date  of  trial 42 

Kxhibits  submitted  to  Jury 128 

In  general 32 

Motion  fur  new  trial 129,  130 

to  set  aside  verdict 129,  130 

Presiding  Judge  does  not  <lirect 32 

Proceedingsof  grand  Jurv 13S-140 

Rulings  upon  motions 129.  130 

Statute  respecting 32 

Witness  : 

Affirmed 58 

Answers  the  question 83 

Befogged,  the 82 

Difficulty  in  taking  answers  of. 85 

Examination  of. -57 

direct .59.60.88.  90 

cross 88.89.90.  91 

Expert 144.  145 

Gestures  of 68.  69.  70.  85.  86 

Illustrating  answers 86 

Impeaching 62 

Name  of. 41,58.  91 

"       Indexing S8 

Pleasantries  of. 84,  85 

Preliminary  questions  to  60 

Questions  to 81 

Rapid 63,  64 

Reading  question  to 22,  82,  91 

Rural,  the 84,  85 

Stopping 25.  26,  68,  69.  86 

Sworn - 57 

Talk    between,     and     counsel     not 

t;iken  83,  84 

Testimonv  of  foreign 101 

"Throwing  ink  bottle"  at 25.  26.  68 

69.  86 

Vindictive,  the 85 

Uncertain,  the 68.  69 

Words,  Definitions  and  Forms.  ...206-232 

Words  : 
Frequent-occurring 206-212 

Wrecked  Outlines  : 
Repairing 152,  156 


THE  AMERICAN  SYSTEM  OF  SHORTHAND. 


CATALOG  OF 

Phonographic  Works 

BV 

BENN  PITMAN  and  JEROME  R.  HOWARD. 

PUBI,ISIIT  BY 

THE  PHONOGRAPHIC  INSTITUTE  COMPANY, 
CINCINNATI,  O. 

There  is  no  question  whatever  of  the  truth  cf  the  statement  that 
the  Benn  Pitman  System  is  more  generally  used  than  any  other 
in  this  country ;  at  least  this  would  appear  to  be  true,  from  the  reports 
made  to  this  ]5ureau  of  various  institutions  teaching  shorthand. — Hon. 
IF.  T  Harris,  Commissioner  of  Education  {^Washington ,  D.  C), 
N'ovember  ig,  iSqS. 

The  following  is  a  graphic  summary  of  the  Table  of  Statistics  on 
the  Teaching  of  Shorthand  in  the  United  States,  in  the  Bureau  of 
Education  Circular  of  Information  No.  i,  1893,  pages,  40  to  141  : 

^^^^^^^^^^^^^^^^^^^^^^^  f  Denn  Pitman,  747  teachers, 

t         347  fo. 
Ciraham,  363  teachers,  16.8  c/q. 


a  Llunson,  228  teachers,  10.6  ^. 
Cross,  185  teachers,  8.6  f;f. 


I--aac  Pitman,  143  teachers,  6.7  ^. 
^^™  Lindsley,  81  teachers,  3.7  ^jc. 

—  Pernin,  64  teachers,  2.5  %. 

—  Scott-Browne,  52  teachers,  2.4  (fg. 

—  Longley,  52  teachers,  2.4  (f^. 
^  McKee,  36  teachers,  1.6  ^f. 

^  Pitman  (unspecified),  35  teachers,  1.6  <fo' 
■-   Moran,  30  teachers,  1.39^. 

—  Sloan-Du])loyan,  24  teachers,  1. 1  f^. 

Besides  38  others,  each  being  less  than  i  ^. 
To  supply  the  increasing  demand  for  stenographers,  schools  of  short- 
hand and  typewriting  have  been  establisht  in  various  parts  of  the  coun- 
try, and  with  few  exceptions,  all  business  colleges  now  have  a  "depart- 
ment of  shorthand."  A  number  of  systems  are  taught,  but  that  of 
Benn  Pitman  is  more  generally  used  than  any  other  in  this 
country  and  may  be  called  the  "American  System." — Rcp^^rt  of 
the  Commissioner  of  Education,  for  jSSySS,  />tigc  ()jj. 


\,June,  igo2.\ 

Instruction  Books. 

The  Manual  of  Phonography.  [430th  Thousand.]  By  Benn  Pitman 
and  Jerome  B.  Howard.  Designed  for  instruction  in  Schools, 
Academies,  Business  Colleges,  etc.,  as  well  as  for  self-instruction,  in 
the  art  of  Shorthand  Writing.  The  proper  book  for  the  beginner. 
It  contains  a  complete  exposition  of  the  system,  from  its  simplest 
principles  to  the  reporting  style,  arranged  in  alternate  and  opposite 
pages  of  explanation  and  phonographic  exercises.  Every  principle  is 
copiously  illustrated  with  engraved  examples  for  reading,  and  exercises 
in  the  ordinary  type  for  writing  and  dictation  practise.  A  mastery  of 
this  book  fits  the  student  to  act  efficiently  as  a  business  amanuensis 
and  lays  the  indispensable  foundation  for  reporting  skill  as  developed 
in  the  Reporter  s  Companion.  Revised,  enlarged  and  improved. 
200  pp.,  i2mo,  cloth $1   00 

The  Manual  is  also  issued  in  a  special  leaflet  edition,  for  the  use  of  teachers 
by  correspondencj.  This  leaflet  edition  is  identical  with  the  regular 
edition,  except  i-  t!ie  matter  of  physical  make-up.  Each  page  is  printed 
on  a  separate  leaflit,  on  one  side  of  the  paper  only,  and  the  pages  are 
collated  in  a  convenient  box,  from  which  the  teacher  can  remove  any 
desired  page  without  di-^turbing  the  others.  The  price  of  the  leaflet 
edition  is  the  same  as  the  regular  edition  In  ordering,  always  mention 
expressly  the  "  leaflet  edition." 

The  Phonographic  Reader.  By  Benn  Pitman  and  Jerome  B. 
Howard.  Designed  to  accompany  the  Manual.  It  affords  the 
necessary  reading  practise  in  the  corresponding  style.  The  selections 
are  taken  (by  permission)  from  "McGuffey's  Revised  Fifth  Eclectic 
Reader,"  which  may  be  used  as  a  key.      52  pp.,  l2mo,  paper,        25 

The  Phonographic  Copy-Book.  Made  of  double-ruled  paper,  such 
as  is  used  by  most  reporters,  but  with  the  lines  wider  apart  for  the 
learner.  This  paper  is  especially  useful  to  the  beginner,  and  assists 
him  to  acquire  a  neat  and  uniform  style  of  writing. 

Paper,  5  cents;  postpaid 7 

Per  dozen,  50  cents  ;    postpaid 65 

The  three  books  last  mentioned  form  a  set,  from  which  a  perfect  knowledge 
of  this  time-  and  labor-saving  art  may  be  acquired  by  any  one  without 
the  aid  of  a  teacher. 

The  set  will  be  sent,  postpaid,  for i   25 

The  Second  Phonographic  Reader.  By  Benn  Pitman  and  Jerome 
B.  Howard.  Contains  reading  exercises  engraved  in  easy  reporting 
style,  and  is  keyed  by  "McGuffey's  Revised  Sixth  Eclectic  Reader." 
52  pp.,  i2mo,  paper 25 

The  Reporter's  Companion.  By  Benn  Pitman  and  Jerome  B. 
Howard.  A  Guide  to  Verbatiin  Reporting;  for  professional  re- 
porters and  those  who  desire  to  become  such.  In  this  work,  which 
should  be  studied  only  by  those  who  have  first  mastered  the  Manual 

2 


of  Phonography,  the  Principles  of  Abbreviation  used  in  the  Brief 
Reporting  Style  of  I'honography  are  clearly  explained  and  amply 
illustrated.  Thousands  of  reporters  have  acquired  their  ability  to 
write  verbatim  with  no  other  instruction  than  that  afforded  by  this 
and  the  preceding  set  of  books.      187  pp.,   i2mo,  cloth i  00 

The  Phonographic  Dictionary  and  Phrase  Book.  By  Benn  Pit- 
man and  Jeku.mk  B.  Howard.  Contains  a  vocabulary  of  120,000 
words,  including  every  useful  word  in  the  language  and  a  large  nuin 
ber  of  proper  and  geographic  names,  legal,  scientific,  and  technical 
terms,  engraved  in  phonography  with  a  parallel  key  in  ordinary  type. 
Concerning  each  word  inlurmation  is  given  on  the  following  points: 
I.  Spelling;    2.  Accentuation;    3.   Pronunciation;    4.  Capitalization; 

5.  I'ully- vocalized    (or  Corresponding  Style)    phonographic  outline; 

6.  Reporting  Style  outline  ;  7.  Compounding;  8.  Principal  phrases 
which  it  begins.  The  phonographic  outlines  are  clearly  and  beauti- 
fully engraved,  no  roundabout,  complicated  "nomenclature"  being 
employed.  [Specimen  pages  will  be  sent  on  request.]  552  pp., 
8vo,  cloth 3  00 

Business  Letters.  No.  i.  —  Miscellaneous  Correspondence. 
Written  in  the  Easy  Reporting  Style  of  Phonography,  in  accordance 
with  the  Manual  of  Phonography.  By  Benn  Pitman  and  Jerome 
B.  Howard.  The  letters  have  been  selected  from  actual  correspond- 
ence in  various  branches  of  business,  and,  being  free  from  difficult 
technicalities,  are  such  as  will  furnish  the  best  practise  for  young 
students  of  shorthand  who  are  ready  to  begin  fitting  themselves  for 
the  duties  of  the  shorthand  correspondent  or  business  amanuensis. 
With  Key  printed  in  fac  simile  typewriting,  furnishing  correct  models 
for  the  transcription  of  the  student's  notes  on  the  typewriter.  52  pp., 
i2mo,  paper 25 

Instructions  in  Practical  Court  Reporting.     By  H.  W^.  Thorne. 

The  standard  work  on  this  important  subject.  Exemplifies,  explains 
and  instructs  as  to  all  the  details  of  trials,  teaching  the  shorthand 
writer  how  to  use  his  skill  in  making  a  report.  Contains  valuable 
suggestions  to  lawyers  and  law  students  found  in  no  other  work. 
Has  received  emphatic  testimonials  from  official  court  reporters, 
judges,  lawyers,  law  lecturers,  teachers  of  shorthand  and  the  press. 
237  PP-.   121110,   cloth I   GO 

Books   Printed  in  Phonography. 

On  Self-Culture,  Intellectual,  Physical,  and  Moral.  A  vade  mecum 
for  young  men  and  students.  By  John  Stuart  Bi.ackie,  professor 
of  Greek  in  the  University  of  Edinburgh.  Printed  in  the  Easy  Re- 
porting Style  of  Phonography  in  accordance  with  the  Miimtal  oj 
Phonography  by  Benn  Pitman  and  Jerome  B.  Howard.  67  pp., 
i2mo,   paper 35 

3 


Plain  Talk.     By  C.  H.  Spurgeon.     Written  in  Corresponding  Style. 
32  pp.,   i2mo,  paper 25 

The  Legend   of  Sleepy  Hollow.      By  Washington  Irving.     In 
Easy  Reporting  vStyle.      31  pp.,  l2mo,  paper 25 

Sindbad  the  Sailor.     From  the  "Arabian  Nights'  Entertainments." 
In  the  Easy  Reporting  Style.     45  pp.,  i2mo,  paper 25 

[See  also  The  Phonographic  Library,  page  6.] 


Typew^riter  Instruction  Books. 

The  Touch  Writer.  A  text-book  for  self-  and  class-instruction  in  the 
art  of  operating  the  typewriter  without  looking  at  the  keyboard. 
By  J.  E.  Fuller.  Shift-Key  Edition,  designed  for  the  Remington, 
Densmore,  Fay-Sho,  Underwood,  and  other  writing-machines 
having  a  shift-key  and  the  "universal"  keyboard.  48  pp.,  oblong  4to, 
paper 5° 

Double- Keyboard  Edition,  designed  for  the  Smith  Premier,  Jewett, 
Yost,  New  Century  Caligraph,  and  other  writing-machines  having  a 
double  "universal"  keyboard.    48  pp.,  oblong  4to,  paper 50 

Remington  Typewriter  Lessons,  for  the  use  of  Teachers  and 
Learners.  Designed  to  develop  accurate  and  rapid  operators.  By 
Mrs.  M.  V.  Longley.     48  pp.,  4to,  paper 50 

The  Smith  Premier  Typewriter  Instructor.  By  the  Eight-Finger 
Method,  in  which  the  most  rapid  and  least  tiresome  mode  of  writing 
every  word  correctly  is  clearly  indicated,  including  suggestions  and 
exercises  for  acquiring  the  art  of  writing  by  position,  without  looking 
at  keyboard  ;  containing  also  practical  exercises  in  correspondence, 
business  and  legal  papers,  testimony,  contracts,  specifications,  orna- 
mentations, etc.,  etc.    By  Elias  Longley.    48  pp. ,  4to,  paper,       50 

The  Yost  Typewriter  Instructor.  By  the  Eight-Finger  Method,  etc. 
By  Elias  Longley.     48  pp.,  410,  paper 50 

The  National  Typewriter  Instructor.  By  the  Eight-Finger  Method, 
etc.     By  Elias  Longley.     48  pp. ,  4to,  paper 50 

Longley's  Typewriter  Instructor.  In  accordance  with  a  scientific 
keyboard,  etc.     By  Elias  Longley.     48  pp.,  4to,  paper 5c 

4 


Miscellaneous. 

How  Long — A  Symposium. — Consists  of  cnntributions  on  the  length 
of  time  renuiicd  lor  obtaining  verbatim  speed  in  shorthand  writing, 
from  the  fi>llo\ving  eminent  reporters:  Jerome  H.  Allen,  Eliza  B. 
IJurnz,  Cha-s.  V..  Weller,  \Vm.  A.  Crofhit,  H.  W.  'Ihorne,  Henry  M. 
Parkhurst,  Spencer  C".  Rodgers,  Daniel  C".  McEwan,  Thomas  Allen 
Keed,  \Vm.  Whilford,  Edw.  ]!.  Dickinson,  Philander  Deming,  Julius 
Woldemar  Zeibig,  Benn  Pitman,  'Iheo.  E.  Shuey,  Thos.  Towndrow, 
Theo.  C.  Rose,  Sherburne  Wesley  Burnham,  \Vm.  I  lenry  Burr,  Elias 
Longley,  Dennis  E.  Murphy,  Edw.  E.  Underbill,  Adelbert  P.  Little, 
Chas.  C.  Marble,  John  B.  Carey,  Erederic  Irland,  David  Wolfe 
Browne.  A  remarkable  assemblage  of  opinions  and  experiences. 
Full  of  happy  suggestions  to  teachers  and  self-instructed  learners  of 
shorthand.  Illustrated  with  a  finely-engraved  portrait  of  each  con- 
tributor.     189  pages.      Paper,  50  cents  ;  Cloth 75 

The  Teaching  of  Shorthand.  By  0.  A.  Clark.  This  essay  was 
awarded  a  pii/.e  of  '1  wo  Hundred  and  Eifty  Dollars  oflered  by  the 
editor  of  the  Plnmoi^n-aphic  Mai^aziiie,  in  which  it  was  originally 
printed.  U  should  be  read  by  every  progressive  teacher  of  shorthand, 
regardless  of  systems.     Paper , 25 

The  Mastery  of  Shorthand.  By  David  Wolfe  Brown,  Official 
Reporter,  National  House  of  Representatives.  An  essay  on  mastery 
by  a  master.  One  of  the  most  important  contributions  to  the  litera- 
ture of  shorllumd  pedag(jgy.  It  deserves  an  attentive  reading  by 
every  thoughtful  teacher  of  phonography.      Paper 3$ 

Phonography— What  it  Is  and  What  it  Does.  By  Bp:nn  Pitman. 
Gives  a  concise  account  of  the  nature  and  capabilities  of  phonography 
(including  a  compend  of  the  art,  with  engraved  examples  accompanied 
by  key-words);  also  a  brief  historical  account  of  the  origin  and  devel- 
opment of  phonography  in  England  antl  America.      Paper 3 

Special  imprint  editions  for  teachers  at  greatly-reduced  rates. 

Baby  Talk.  A  text-book  for  Babies  on  the  Art  of  Learning  to  Speak. 
By  P.  W.  .\  happy  thought,  happily  formulated  by  a  phonographer, 
for  assisting  parents  to  lead  very  young  children,  unconsciously  to 
them,  into  a  knowledge  and  correct  use  of  the  phonetic  elements  of 
English.      Paper 25 

The  Dictater.  A  Collection  of  Graded  Dictation  Exercises  for  the  use 
of  Teachers  and  Students  of  Shorthand.  By  Mina  Ward.  Consists 
of  exercises  suitable  for  class-room  dictation,  counted  and  arranged  to 
facilitate  reading  at  any  desired  speed.  The  exercises  are  also  ar- 
ranged in  order  accoi  ling  to  tiie  average  number  of  syllables  in  the 
words  which  each  coi  tains.     Cloth I  00 


The    Stenographer's    Dictation    and    Form-Book.      A   guide   to 

practical  work  for  students  in  shorthand  and  typewriting,  containing 
court  records,  business  letters,  and  law  forms.  By  Clayton  C.  Herr, 
(Official  Reporter  of  the  McLean  County,  111.,  Circuit  Court  since 
1876,)  and  Anna  M.  Campbell,  assistant.     Cloth,  262  pp i  50 

The  Game  of  Shorthand.  An  amusing  and  instructive  game  of  cards 
for  shorthand  writers  as  well  as  for  those  unacquainted  with  the  art. 
While  playing  this  game  all  the  leading  principles  of  Phonography 
can  be  learned.  Can  be  played  by  any  number  of  persons,  and 
delights  young  and  old  alike.  In  box,  together  with  rules  for 
playing 75 

Divided  Proverbs.  A  new,  amusing  and  instructive  game  for  every- 
body ;  but  especially  intended  for  teachers  and  students  of  the  English, 
German,  French  and  Spanish  languages.  The  game  is  composed  of 
well-selected  proverbs  from  the  languages  above  mentioned.  Each 
proverb  is  divided  into  two  parts,  and  each  part  is  on  a  separate  card. 
Rules  for  playing  a  fascinating  game  accompany  each  set  of  cards,       50 


Periodical  Publications. 

The  Phonographic  Magazine.  Edited  by  Jerome  B.  Howard. 
Publisht  once  a  month.  Each-  number  contains  beautifully-engraved 
Phonography,  mostly  in  Brief  Reporting  Style,  with  Key ;  facsimile 
notes  and  portraits  of  celebrated  reporters,  besides  original  and  con- 
tributed articles  of  general  phonographic  interest.  The  Magazine  is 
now  in  its  seventeenth  volume,  is  a  periodical  complement  to  the  text- 
books, and  the  authentic  organ  of  the  Benn  Pitman  system  of  Phonog- 
raphy.   Subscriptions  may  begin  with  any  number.      Specimen  copy 

free.     Price,  per  annum  (invariably  in  advance) i  00 

Vols.  I  to  XVI  (except  Vol.  VI,  which  is  out  of  print),  bound 
in  cloth,  each 2  00 

The  Phonographic  Library.  Each  number  contains  a  complete  work 
of  standard  literature  printed  in  Brief  Repordng  Style.  All  back 
numbers  can  be  furnisht  except  those  markt  *. 

Either  series  finely  bound  in  cloth I  75 

Single  numbers 10 

First  Series. 
No.  I.  Sir  Roger  de  Coverley,  by  Joseph  Addison  ;  2.  Perseus,  by  Charles 
Kingsley;  3.  The  Greatest  Thing  in  the  World,  by  Henry  Drummond  ;  4.  <The 
Legend  of  Sleepy  Hollow,  by  Washington  Irving;  5.  Rab  and  His  Friends,  and 
Our  Dogs,  by  Dr.  John  Brown;  6.  Dreams,  by  Olive  Schreiner  ;  7.  Rappaccini's 
Daughter,  by  Nathaniel  Hawthorne;  8.  The  Masque  of  the  Red  Death,  and 
Other  Tales,  by  Edgar  Allan  Poe  ;  9.  The  Corvette  "Claymore,"  by  Victor 
Hugo;  10.  Two  Ghost  Stories,  and  A  Child's  Dream  of  a  Star,  by  Charles 
Dickens;  11.  Tales  from  Shakespeare  (The  Tempest,  The  Winter's  Tale),  by 
Charles  and  Mary  Lamb;  12.  <The  Man  Without  a  Country,  by  Edward 
Everett  Hale. 

6 


Second  Sen'ts. 


No.  13.  The  Tattler's  Court,  by  Joseph  Addison;  14.  Jackanapes,  by  Julians 
Horatia  Ewing  ;  15.  Theseus,  by  Charles  Kingsley  ;  16.  The  King  of  the  Golden 
River,  by  John  Ruskiii;  17.  Pax  Vobiscum,  by  Henry  Drummond  ;  18.  The 
Marquis  Jeanne  Hyacinthe  de  St.  Palaye,  by  J.  H.  Shorthouse  ;  19.  The  Specter 
Bridegroom,  and  The  Devil  and  Tom  Walker,  by  WashinKtnn  Irving;  20.  The 
Study  of  the  Law,  by  Timothy  Walker;  21.  Marjorie  Fleming,  by  Dr.  John 
Brown;  22.  I'he  Sons  of  Philemon,  by  Gertrude  Hall;  23.  Dream  Life  and  Real 
Life,  by  Olive  Schreiner ;  24.  The  Lost  Arts,  and  (.Jther  Addresses,  by  Wendell 
Phillips. 


Phonographic  Stationery. 

Reporting  Paper,  per  ([iiire,  6  cents,  postpaid II 

Per  ream,  jgl-OO;  five  rtains,  $4.50,  sent  by  express  at  purchaser's 
charge.  In  ordering,  specify  wlietlier  single  or  double-line  paper  is 
wanted,  and  whether  for  pen  or  pencil. 

Learner's  Paper,  wide  double  lines,  like  the  ruling  of  the  Phonographic 
Copy-  Book.     Can  be  used  with  either  pen  or  pencil,  per  quire,  6  cents, 

postpaid II 

In  quantity,  same  prices  as  Reporting  Paper. 

Reporting  Case.  \  leather  cover  adapted  to  holding  one  or  two  quires 
of  reporting  pajier,  which  can  be  removed  when  used  and  the  case 
replenisiit.  Indispensable  when  the  reporter,  having  no  table,  is 
obliged  to  rest  his  paper  on  his  knees. 

Sheep I  00 

Morocco I  50 

The  "Phonographic  Institute"  Note  Book.  200  pages,  4}^ x 8^ 
inches,  pen  or  pencil  jiaper,  single  or  double  line,  as  ordered.     Boards, 

Each,  15  cents,  postpaid 25 

Per  dozen I   50 

When  more  than  three  note  books  are  ordered,  they  will  be  sent  by 
express,  at  purchaser's  charge,  unless  otherwise  directed. 

The  "New  Legal"  Note  Book.  100  pages,  5^x8^  double  col- 
umn, pen  or  pencil  paper,  single  or  double  ruled.  Tag-board  covers, 
bound  with  tape  so  as  to  open  flat.     Each,  10  cents,  postpaid....        18 

Per  dozen i  00 

WTien  more  than  six  legal  note  books  are  ordered,  they  will  be  sent 
by  express,  at  purchaser's  charge,  unless  otherwise  directed. 

The  "Phonographic  Institute"  Steel  Pen,  expressly  manufactured 
for  us  for  phonographic  writing  and  reporting.  These  pens  have 
especially  fine,  smooth  points,  and  pleasant,  unifomi  action.  The 
peculiar  shape  is  such  that  a  great  deal  of  ink  is  held  by  the  yea  with- 

7 


out  danger  of  dropping,  thus  reducing  to  a  minimum  the  frequency  of 
dipping  the  pen. 

No.  I,  fine  points. 

No.  1,  medium  points. 

No.  3,  coarse  points. 

Per  dozen,  lo  cents ;   per  gross i  cxd 

The   "Phonographic    Institute"    Lead    Pencil   (actual   diameter 
shown  in  cut),  made  expressly  for  us,  with  the  finest  grade  of  black, 


tough  lead,  and  especially  recommended  for  phonographer's  use. 
Per  dozen,  50  cents ;    per  gross 5  00 


Phonographic  Tracts 
No. 


For  distribution  by  teachers  and  others. 


What  They  Say   about   Phonography — Opinions  of   Fifty  Eminent 
Men  and  Journals. 

2.  Some  Reasons  why  You  should  Learn  Phonography. 

3.  Can  Phonography  be  Self-Taught  ? 

4.  The  Long  Gains  of  Shorthand. 

5.  Phonography  in  the  Public  Schools. 

6.  Shorthand  for  Clergymen. 

7.  Modifications  of  Phonography — Wise  and  Otherwise. 

8.  Points  of   Difference  between  the   Benn   Pitman   anu    :he   Present 

English  Style  of  Phonography. 

9.  What  Official  Reporters  Say  about  the  Benn  Pitman  System. 

10.  The  Educational  Value  of  Shorthand. 

11.  What   Some    Leading   Schools  and    Colleges   Say  about   the    Benn 

Pitman  System. 

Each,  per  100,  10  cents  ;  per  thousand,  75  cents ;  with  imprint,   I  00 
Copies  of  this  Catalog,  for  distribution,  free. 

The  works  herein  described  are  for  sale  by  all  booksellers,  or  will  be 
forwarded  by  us,  postpaid  (except  when  postage  charges  are  given), 
on  receipt  of  the  prices  specified.  Safe  delivery  by  mail  is  guaran- 
teed only  when  order  is  accompanied  by  eight  cents  additional  for 
registration  fee.  No  goods  will  be  sent  by  express  C.  O.  D.  unless 
order  is  accompanied  by  at  least  one-fourth  of  the  price,  to  insure 
payment  of  charges.  Sample  pages  of  any  publication  will  be  sent 
to  teachers  on  request. 

Teachers  of  Phonography  and  Booksellers  supplied  at  a  liberal  discount. 

All  orders  fnust  be  accompanied  by  a  refnittance.    Send  post-office  fJioney 
order,  express  money  order.  New  York  or  Cincinnati  draft. 
N.  B. — Local  checks  will  not  be  accepted. 

Address,    THE  PHONOGRAPHIC  INSTITUTE  COMPANY, 

Cincinnati,  O 
8 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
Los  Angeles 

This  book  is  DUE  on  the  last  date  stamped  below. 


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